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01 November 2013
Issue: 7582 / Categories: Case law , Law digest , In Court
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Shipping

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723, [2013] All ER (D) 256 (Oct)

The key to a proper understanding of the off-hire clause in the NYPE form was that it was triggered by a cause that prevented the full working of the vessel. It was axiomatic that the full working of the vessel referred to her ability to do that which she was immediately required to do. Thus the full working of a vessel required to sail from port A to port B was not for the duration of that voyage prevented by the circumstance that her cranes were not in working order. Established authority provided the basis for the proposition that an off-hire clause was concerned with the service immediately required of the vessel, and not with “the chartered service” as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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