- Approved — MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors 2023-09-01
“…The decision of the Court of Appeal in The CMA Djakarta was approved, albeit obiter, by the Supreme Court in The Ocean Victory [2017] UKSC 35, [2017] 1 WLR 1793. In this case the charterer ordered the ship to discharge at Kashima in Japan, where the ship grounded and became a total loss while attempt…”
- Cited — FM Conway Limited v The Rugby Football Union & Ors. 2023-04-19
“…The leading case on this topic is now Gard Marine Energy Limited v China National Chartering Co Limited & Anr [2017] UKSC 35; [2017] 1WLR 1793. There were two distinct questions in play in that case. The first concerned the effect of co-insurance. The second was the question of how p…”
- Approved — Splitt Chartering APS & Ors. v Stema Shipping (UK) Limited & Ors. 2021-12-15
“…d fall within that term. That approach was expressly approved by Lord Clarke in Gard Marine & Energy Ltd. v China National Chartering Co Ltd (the Ocean Victory)[2017] UKSC 35,[2017] 1 Lloyd’s Rep 521 at [78].…”
- Cited — Hercultio Maritime Limited & Ors. v Gunvor International BV & Ors. 2021-12-01
“…vering a contribution from the bill of lading holders. The judge held that they did not. In contrast with the position in The Evia (No. 2) and The Ocean Victory[2017] UKSC 35, [2017] 1 WLR 1793, both charterparty cases, the defendants seeking to take the benefit of the insurance as precluding a claim against them (here the bill of l…”
- Cited — Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd 2019-07-10
“…noted, the charterparty was on the BARECON 89 Form, as amended. This is a standard form of bareboat charter in common use in the industry. In The Ocean Victory [2017] UKSC 35; [2017] 1 WLR 1793, Lord Sumption at [95] spoke of the BARECON 89 Form in these terms:…”
- Cited — Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') 2019-03-14
“…In Gard Marine & Energy Ltd v. China National Chartering Company Ltd (The Ocean Victory) [2017] UKSC 35, [2017] 1 WLR 1793 at [74] Lord Clarke of Stonecum-Ebony JSC summarised the approach to the interpretation of the Convention on Limitation of Liability for Mar…”
- Cited — Sea Tank Shipping AS v Vinnlustodin HF Vatryggingafelag Islands FH 2018-02-22
“…The decision of the Supreme Court in Gard Marine and Energy Ltd v China National Chartering Co Ltd (“The Ocean Victory”) [2017] UKSC 35; [2017] 1 WLR 1793, decided since Sir Jeremy Cooke gave judgment in the present case, has clarified the circumstances in which it is permissible to have recour…”