State Trading Corporation of India v Doyle Carriers Inc. (Jute Express)
| Jurisdiction | England & Wales |
| Date | 1991 |
| Year | 1991 |
| Court | Queen's Bench Division (Admiralty) |
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2 cases
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Navalmar UK Ltd v Ergo Versicherung AG
...of the word “ due” when applied to a monetary obligation is that it is legally owing or payable. As Sheen J held in The Jute Express [1991] 2 Lloyds Rep 55, when construing a GA bond issued by the cargo interests concerned in that case, the words “… and which is payable by the owners of th......
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St.Maximus Shipping Company Ltd v A.P. Moller-Maersk A/S
...34 Some support for the Owners' construction of the LOU is to be derived from the authority most in point, namely The Jute Express [1991] 2 Lloyd's Rep. 55. There the average bond was in materially the same terms as clause 1 of the LOU save for additional words at the end of the clause whic......
2 firm's commentaries
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Court Construes The Terms Of And Obligations Under A LOU Provided By Time Charterers As Security For Cargo Interests Liability In General Average
...used had been "proper amount" or "proper sum". By way of authority supporting Owners' case, the court referred to The Jute Express [1991] 2 Lloyd's Rep 55. In that case, the agreement to pay the proper proportion of the GA which had been ascertained was qualified by the words "and which is ......
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General Average Guarantees And The Actionable Fault Defence: The BSLE Sunrise [2019] EWHC 2860 (Comm)
...word "due" in the bonds signified a sum that was legally owing or payable. He relied on the judgment of Sheen J in The Jute Express [1991] 2 Lloyds Rep 55 in holding that "and which is payable" means "and which is legally due." He noted that the payment was to be made "on behalf" of the car......