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21/11/2016

Light Ballast
Per Mr Justice Phillips in Regulus Ship Services PTE Ltd v Lundin Services BV & Anor [2016] EWHC 2674 (Comm) at paras 66-71:

66. In its defence Lundin pleaded that the provision in the Towcon that the IKDAM would be "in light ballast condition" meant that she would carry (as well as any constants and consumables) the minimum ballast that would enable her to proceed safely and in a seaworthy condition on her intended voyage.

67. That definition was taken, word for word, from §110 of the decision of Andrew Smith J in Ease Faith Ltd v Leonis Marine Management Ltd [2006] 1 Lloyd's Rep 673, another case in which Capt. Krishna, on behalf of Regulus, had included in a towage contract a term that the tow (in that case Kent Reliant, a bulk carrier being scrapped) would be in light ballast condition. It is the only authority on the meaning of the term.

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Case Law Quotes | Light Ballast Case law quotes on and legal definition of - Light Ballast.

28/04/2016

Detention
In ST Shipping and Transport Pte Ltd v Space Shipping Ltd (The CV STEALTH) [2016] EWHC 880 (Comm) per Popplewell J. at para 33:

Clause 28 makes no reference to voyage orders, but merely to the undertaking of a voyage. If the increased risk materialises in the course of a voyage, the clause comes into effect irrespective of whether it arises subsequently to the original voyage orders. In the analogous circumstances of safe port warranties in time charters, the contractual promise is a continuing one, such that if a port is prospectively safe when the order to proceed there is given, but becomes unsafe at a time when a time charterer could give a fresh order in time for the vessel to comply with it and avoid the unsafety, the time charterer is in breach of the warranty.

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Case Law Quotes | Detention Case law quotes on and legal definition of - Detention. In the context of a charter-party, a vessel is detained when she is prevented from proceeding as directed under the charter-party, The Doric Pride[2005] EWHC 945 (Comm).

24/03/2016

Bias, Apparent
In Yiacoub v The Queen [2014] UKPC 22; [2014] 1 WLR 2996 per Lord Hughes at para 12:
That and similar formulations use the word "biased", which in other contexts has far more pejorative connotations, to mean an absence of demonstrated independence or impartiality.
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Case Law Quotes | Bias, Apparent Case law quotes on and legal definition of - Bias, Apparent - an absence of demonstrated independence or impartiality.

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