- Cited — FIMBank Plc v KCH Shipping Co Ltd 2023-05-24
“…es represent what has been described as “an irreducible minimum for the responsibilities and liabilities to be undertaken by” the carrier (The Muncaster Castle [1961] AC 807, 836, Alize 1954 v Allianz Elementar Versicherungs AG [2021] UKSC 51; [2021] Bus LR 1678 at [39]).…”
- Cited — Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors 2020-03-04
“…rt of Appeal in The Kapitan Sakharov, in particular what Auld LJ said at 273lhc, by reference to Riverstone Meat v Lancashire Shipping (“The Muncaster Castle”) [1961] AC 807:…”
- Cited — Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors 2020-03-04
“…cise of skill and judgment, not just “mechanical” tasks could cause unseaworthiness. In addition to those two cases, further examples were The Muncaster Castle [1961] AC 807 itself (failure by repairers’ fitter to tighten properly the nuts on inspection covers allowing the ingress of seawater)and The Friso [1980] 1 Lloyd’s Rep 469 …”
- Cited — Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors 2020-03-04
“…established that the duty to exercise due diligence under Article III rule 1 of the Hague and Hague-Visby Rules is non-delegable: see e.g. The Muncaster Castle [1961] AC 807. This means that the shipowner will be liable for a failure of due diligence by whomever the relevant work of making the vessel seaworthy may be done. In the p…”
- Considered — Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors 2020-03-04
“…Further, in The Muncaster Castle [1961] AC 807 the House of Lords unanimously considered that a shipowner’s/carrier’s duty under article III, rule 1 would not start, and he would not be responsible for work…”