Time Charter in UK Law
-
Mardorf Peach & Company Ltd v Attica Sea Carriers Corporation of Liberia (Laconia)
“
It must be obvious that this is a very different type of creature from a lease of land.
-
Scandinavian Trading Tanker Company A.B. v Flota Petrolera Ecuatoriana (Scraptrade)
“
A time charter, unless it is a charter by demise, with which your Lordships are not here concerned, transfers to the charterer no interest in or right to possession of the vessel; it is a contract for services to be rendered to the charterer by the shipowner through the use of the vessel by the shipowner's own servants, the master and the crew, acting in accordance with such directions as to the cargoes to be loaded and the voyages to be undertaken as by the terms of the charterparty the charterer is entitled to give to them.
To grant an injunction restraining the shipowner from exercising his right of withdrawal of the vessel from the service of the charterer, though negative in form, is pregnant with an affirmative order to the shipowner to perform the contract; juristically it is indistinguishable from a decree for specific performance of a contract to render services; and in respect of that category of contracts, even in the event of breach, this is a remedy that English courts have always disclaimed any jurisdiction to grant.
That this mainly historical statement was never meant to apply generally to contracts not involving any transfer of proprietary or possessory rights, but providing for a right to determine the contract in default of punctual payment of a sum of money payable under it, is clear enough from Lord Wilberforce's speech in The Laconia. Speaking of a time charter he said "It must be obvious that this is a very different type of creature from a lease of land."
-
China National Foreign Trade Transportation Corporation v Evlogia Shipping Company S.A. of Panama (Mihalios Xilas)
“
The only exception is when the parties by their course of conduct (a) have as in the present case accepted that disbursements made by the charterers in respect of the owners' liabilities may be deducted from the hire subject to vouchers being produced, or e.g., (b) have accepted as in the Tankexpress case [1949] A.C. 76 that the amount of hire posted two days before it falls due shall be deemed to have been paid in time.
-
Bunge Corporation New York v Tradax Export S.A. Panama
“
It would fatally remove from a vital provision in the contract that certainty which is the most indispensable quality of mercantile contracts, and lead to a large increase in arbitrations. But I do not doubt that, in suitable cases, the courts should not be reluctant, if the intentions of the parties as shown by the contract so indicate, to hold that an obligation has the force of a condition, and that indeed they should usually do so in the case of time clauses in mercantile contracts.
-
ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2)
“
The general contractual context in my view also supports a conclusion that the express indemnity clause is inapt to apply to the present situation. Clause 8 of the charterparty gives owners a simple contractual option. It is accepted that the mere late payment of one instalment did not constitute a repudiatory breach (or a breach of a condition in a sense like that used in the Sale of Goods Act 1979) which could entitle the owners to damages for loss of the charter.
-
Municipal Corporations (Ireland) Act 1840
... ... the Provisions of this Act, shall be repealed and annulled, from the Time when this Act shall come into operation in each of such Boroughs ... and for such Time and in such Manner as he or she, by any Statute, Charter, Bye Law, or Custom in force at the Time of passing this Act, might or ... ...
-
Medical Act 1858
... ... IV. The General Council shall consist of One Person chosen from Time to Time by each of the following Bodies; (that is to say,) ... The Royal ... of this Act ... New Charter may be granted to the College of Physicians of London. XLVII New Charter ... ...
-
Merchant Shipping Act Amendment Act 1862
... ... as determined by the Rules for the Measurement of Tonnage for the Time being in force under the Principal Act, notwithstanding that the Local Act ... (1.) If a Time for the Delivery of the Goods is expressed in the Charter Party, Bill of Lading, or ... Agreement, then at any Time after the Time ... ...
-
Bank of England Act 1946
... ... Treasury on or at any time after the fifth day of April, nineteen ... hundred and sixty-six, after ... charter of the Bank for the time being in force and any byelaws ... made ... ...
-
The Charter and Social Security Rights: Time to Stand and Deliver?
From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano. ...
-
Illegitimate Last Voyage Orders: The Gregos
A time charter allows the charterer of a vessel to have its use for a predetermined period of time. The charterer is entitled, subject to certain restrictions, to employ the vessel as he wishes dur...... ... 3 No. 2 — Frauds A time charter allows the charterer of a vessel to have its use for a ... ...
-
Case C-336/19 Centraal Israëlitisch Consistorie van België: Animal welfare and freedom of religion
Article 13 of the Treaty of the Functioning of the European Union (TFEU) explicitly provides for animal welfare. Animals are sentient beings, and thus the EU and Member States have an obligation to...... ... At the same time, Article 10(1) of the Charter guar- antees freedom of religion. Case ... ...
-
The right to social assistance for economically inactive migrating Union citizens: The Court disregards the principle of proportionality and lets the Charter appease the consequences
In a new case on the right to social assistance for inactive migrating Union citizens, the CJEU delivered a judgment in which it confirmed its restrictive interpretation of the relevant primary and...... ... At the same time, however, it invoked the EU Charter to appease theconsequences of that. This case note critically analyses the Court’s restrictive application of ... ...
-
sheet
Commercial Court forms including claims and application notices.... ... Office a copy of EVERY Application or Order to be heard at the time of fixing ... Today’s Date:- ... sale of goods ... shipping - charter party dispute ... shipping - construction, ... shipping - ... ...
-
Application for permission to appeal a decision of the First-tier Tribunal (Care Standards)
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.... ... If Yes, you must apply for an extension of time by giving your reasons for the delay ... in the box below: ... Continue on ... /hm-courts-and-tribunals-service/about/personal-information-charter ... To receive a paper copy of this privacy notice, please call 0300 123 ... ...
-
Application to set aside a decision of the First-tier Tribunal (Care Standards)
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.... ... If Yes, you must apply for an extension of time by giving your reasons for the delay ... in the box below: ... Continue on ... /hm-courts-and-tribunals-service/about/personal-information-charter ... To receive a paper copy of this privacy notice, please call 0300 123 ... ...
-
Response to appeal application - Prohibition or Restriction from participating in the management of an independent school under Section 142 of the Education Act
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.... ... time by giving your reasons for the delay ... Please provide copies of any ... /hm-courts-and-tribunals-service/about/personal-information-charter ... To receive a paper copy of this privacy notice, please call 0300 123 ... ...