McFadden v Blue Star Line
| Jurisdiction | England & Wales |
| Judgment Date | 16 March 1905 |
| Date | 16 March 1905 |
| Court | King's Bench Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
32 cases
-
Alize 1954 v Allianz Elementar Versicherungs AG and Others
...an aspect of seaworthiness.” 77 The usual or conventional test on unseaworthiness to which I have referred above was set out in McFadden v Blue Star Line [ 1905 1 KB 697 at p.706. The conventional test was taken by Channel J. from Carver on Carriage by Sea so it is not only a long establis......
-
Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and 16 Ors
...of seaworthiness, the judge applied what he described as “the usual or conventional test on unseaworthiness” (para 77), as set out McFadden v Blue Star Line [1905] 1 KB 697, 706, namely “whether a prudent owner would have required the relevant defect, had he known of it, to be made good be......
-
Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and 16 Ors
...then considered the issue of unseaworthiness. He stated the usual or conventional test of unseaworthiness taken by Channell J in McFadden v Blue Star Line [1905] 1 KB 697 at 706 from Carver on Carriage by Sea: Would the prudent owner, if he had known of the relevant defect have required it......
- Great China Metal Industries Company Ltd v Malaysian International Shipping Corporation Berhad (Bunga Seroja)
Request a trial to view additional results
3 firm's commentaries
-
"Beyond The Libra": Perspectives On Passage Planning In The Digital Age
...unseaworthy if the passage plan was defective in such a way as to fall short of the long established test (McFadden -v- Blue Star Line [1905] 1 KB 697) that a prudent owner, had they known about the defect in advance, would have required it to be made good before the vessel sailed. It is eq......
-
"Beyond The Libra": Perspectives On Passage Planning In The Digital Age
...unseaworthy if the passage plan was defective in such a way as to fall short of the long established test (McFadden -v- Blue Star Line [1905] 1 KB 697) that a prudent owner, had they known about the defect in advance, would have required it to be made good before the vessel sailed. It is eq......
-
One-Off Pilot Error Did Not Render Port Unsafe
...she lacked the proper charts and therefore could not prepare an effective berth-to-berth passage plan: McFadden v. Blue Star Line [1905] 1 KB 697; The CMA CGM Libra [2021] 2 Lloyd's Rep 613. They argued that the Owners were, therefore, in breach of Article III.1 of the Hague Rules (incorpor......
2 books & journal articles
-
Carriage of Goods by Charterparty
...2 3 4 5 Lyon v. Mells (1804), 5 East 428, 102 E.R. 1134; Stanton v. Richardson (1874), L.R. 9 C.E 390; McFadden v. Blue Star Line, [1905] 1 K.B. 697 [McFadden]. Toepfer G.m.b.h. v. Tossa Marine Co. (The Derby), [1985] 2 Lloyd's L.R. 325 (C.A.) [Toepfer}. Which now include the ISM Code: see ......
-
Pirates... A Charterers' Peril of the Sea?
...(1874-75) LR 10 CP 1 (Court of Common Pleas); Annen v Woodman (1810) 3 Taunt 299 (Court of Common Pleas) 125McFadden v Blue Star Line [1905] 1 KB 697 (KB) 126Supra at fn. 101; Tattersall v National Steamship Co Ltd (1883-84) LR 12 QBD 297 (QB); The Marathon (1879) 40 LT 163; Owners of Cargo......