Reported Cases
Charles Priday Successfully Appeals Fundamental Issue For Charterparty Cancellation
The Commercial Court today handed down judgment in arbitration appeals concerning the validity of cancellations by Charterers and Sub-Charterers. The judgment highlights a very important issue as to the effect of laycan deadlines and rights of cancellation. Nearly all charterparties stipulate for a cancelling date on which charterers will have the right to cancel, and […]
October 2, 2019
BAT v Exel Europe and others [2013] EWCA Civ 1319
Charles Priday acted for the successful appellants in this important decision on CMR jurisdiction in cases involving successive carriers.
November 8, 2013
“Chada Naree” Occidental Chartering Inc v Progress Bulk Carriers Ltd
Charles Priday acted in this successful appeal against arbitration award dismissing claims under a chain of charters. Raised issues of interpretation of awards.
December 6, 2012
“Andra” DGM Commodities Corp v Sea Metropolian SA
Charles Priday acted in this successful claim for detention of vessel ANDRA in St Petersburg as a result of unjustified US$ 2 million claim for cargo damage.
July 12, 2012
“Pearl C” Bulk Ship Union SA v Clipper Bulk Shipping Ltd
Charles Priday acted as Counsel successfully in resisting appeal against arbitration award, raising important issues on (1) off-hire under time charters (2) serious irregularity under Arbitration Act 1996 (3) interest claims under Late Payment of Commercial Debts (Interest) Act 1998.
June 26, 2012
“The Wren” Glory Wealth Shipping Pte Ltd v Korea Line Corporation
Charles Priday acted for the appellant charterers in this successful appeal to the Commercial Court from an arbitration award. Time Charterparty – Charterers’ premature redelivery – assessment of damages in circumstances where no available market at date of termination
July 14, 2011
Matrix Europe Limited (In Liquidation) -v- Uniserve Northern Limited
[2009] 1 Lloyd’s Law Reports Plus 82 Charles Priday and Sushma Ananda acted for the claimant in respect of a bailment dispute involving the theft of Bluetooth adaptors from a warehouse. Carriage of goods by road – Sub-bailment – Freight forwarder contracting to carry cargo of mobile telephone adaptors from shipper’s premises to airport and […]
May 8, 2009
“Zenovia” Imt Shipping and Chartering GMBH -v- Chansung Shipping Co Ltd
[2009] 2 Lloyd’s Rep. 139; [2009] 2 All ER (Comm) 177 Charles Priday acted in this Commercial Court decision on the effect of redelivery notices under time charters. Charterparty (Time) — Charterers giving notice of expected redelivery — Owners fixing vessel’s further employment based on expected redelivery date — Charterers subsequently giving second notice with […]
April 8, 2009
“Channel Alliance” Golden President Shipping Corporation -v- Bocimar NV
[2008] 1 Lloyd’s Rep. 428 Charles Priday acted in Commercial Court decision on the effect of a time charter profit-sharing clause. Charterparty (Time) – Extension – Profit sharing clause – Whether profit sharing clause applied also to extension at charterers’ option.
January 31, 2008
Datec Electronic Holdings Ltd -v- UPS
[2007] 2 Lloyd’s Rep. 114; [2006] 1 Lloyd’s Rep. 279; [2005] 1 Lloyd’s Rep. 470; [2007] 1 WLR 1325; [2007] 4 All ER 765; [2007] 2 All ER (Comm) 1067; [2006] 2 All ER (Comm) 350 Charles Priday acted in this House of Lords decision on the effect of UPS terms prohibiting the shipment of […]
May 16, 2007
ST Shipping -v- Vyzantio Shipping
[2005] 1 Lloyd’s Rep. 531 Charles Priday acted in this classic jurisdiction dispute in Commercial Court. Practice – Claim form – Judgment entered in default of acknowledgement of service – Application to set aside – Claimant charterers applying without notice for extension of time for service of claim form out of jurisdiction – Claim form […]
December 15, 2004
“Byzantio” ST Shipping & Transport Inc. –v- Vyzantio Shipping Ltd.
[2005] 1 Lloyd’s Rep. 531 Charles Priday – Practice – Claim form – Judgment entered in default of acknowledgement of service – Application to set aside – Claimant charterers applying without notice for extension of time for service of claim form out of jurisdiction – Claim form served on defendant shipowner in Malta – Defendant […]
December 15, 2004
Papera Traders Co Ltd And Others –v- Hyundai Merchant Marine Co Ltd And Another
[2002] 2 All ER (Comm) 1083 Charles Priday – Maintenance of action – Champerty – Contingency fee agreement – Insurer instructing maritime claims and recovery agent – Agreement that agent’s fees to be percentage of recovered amount – Agent providing services relating or incidental to conduct of litigation by claimants’ solicitors – Whether agreement champertous.
October 18, 2002
“Eurasian Dream” Papera Traders Co. Ltd. and Others v Hyundai Merchant Marine Co. Ltd. and Another
[2002] 1 Lloyd’s Rep. 719 Charles Priday and Simon Kerr acted in this Leading case on liability for fire on board ships and on issues of unseaworthiness. Carriage by sea – Unseaworthiness – Due diligence – Fire broke out on pure car carrier – Vessel’s cargo destroyed and vessel rendered a constructive total loss – […]
February 7, 2002
Quantum Corporation -v- Plane Trucking
[2001] 2 Lloyd’s Rep. 133; [2001] 1 All ER (Comm) 916 Charles Priday acted in this Commercial Court decision on interrelationship of CMR and Warsaw Conventions (subsequently in the Court of Appeal at [2002] 2 Lloyd’s Rep. 25). Carriage by air – Carriage by road – CMR – Limitation of liability – Goods carried by […]
April 10, 2001
“Tatry” / “Maciej Rataj”
[1999] 2 WLR 181 Alistair Schaff Q.C. and Charles Priday sat before the European Court of Justice in the leading case involving Articles 21 and 22 of the Brussels Convention. Practice – Stay of proceedings – Jurisdiction under European Convention – Lis alibi pendens – Claim for declaration of non-liability in action in Holland – […]
December 6, 1999
“Hawk” Oceanfocus Shipping -v- Hyundai MM
[1999] 1 Lloyd’s Rep.176 Charles Priday acted in this Leading case on the effect of the New York Produce Exchange Inter Club Agreement Charter-party (Time) – Inter-Club agreement – Condition precedent – Carriage of goods from Far East and U.S.A. – Bills of lading issued by charterers – Cargo interests’ claims settled by charterers – […]
August 17, 1998
“Nour” Islamic Investment Co. 1 S.A. v Transorient Shipping Ltd. and Alfred C. Toepfer International G.M.B.H.
[1999] 1 Lloyd’s Rep. 1 Charles Priday and Sioban Healy acted in this Time and voyage charterparties: indemnity; dangerous cargo; deviation Charter-party (Time) – Delay – Damage to cargo – Vessel carrying part cargo of fishmeal from Peru to Taiwan – Vessel deviated to load and discharge other fishmeal cargoes – Problems with heating and […]
July 19, 1998
“Petr Shmidt” Galaxy Energy -v- Novorossoysk Shipping
[1998] 2 Lloyd’s Rep. 1; [1997] 1 Lloyd’s Rep. 284 Charles Priday acted in this Court of Appeal decision on the law of laytime and the effect of “office hours” clauses Charter-party (Voyage) – Notice of readiness – Validity – Notice tendered outside hours stipulated by charter – Whether notices legal nullities – Whether notice […]
March 10, 1998
“World Agamemnon” Garrick Shipping Co. –v- Euro-Frachtkontor G.M.B.H.
[1989] 2 Lloyd’s Rep. 316 Charles Priday – Charter-party (Time) – Limitation of time – Centrocon arbitration clause – Damage to cargo – Whether disputes could be referred to High Court – Whether application for extension of time should be granted – Arbitration Act, 1950, s. 27.
March 3, 1998
“Agamemnon” TA Shipping -v- Comet Shipping
[1998] 1 Lloyd’s Rep. 675 Charles Priday acted in this leading decision on the invalidity of “inchoate” Notices of Readiness. Charter-party (Voyage) – Laytime – Commencement – Premature notice of readiness – Vessel had not reached place specified in charter for giving notice of readiness – Master gave notice of readiness – Whether notice valid […]
November 25, 1997
Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others
(Court of Appeal) [1997] 1 Lloyd’s Rep. 225; [1996] 1 Lloyd’s Rep. 430 Gavin Kealey Q.C. leading David Edwards acted for Glencore against Timothy Saloman Q.C. and Charles Priday – insured in marine insurance trial and in the Court of Appeal against Lloyd’s underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters. Insurance […]
December 13, 1996
“Anangel Express” Adriatic Mare Enterprises S.A. -v- Newco A.G.
[1996] 2 Lloyd’s Rep. 299 Alistair Schaff and Charles Priday – Charter-party (Time) – Performance guarantee – Validity – Shipowners alleged defendants guaranteed performance obligations of charterers under time charter – Charterers failed to comply with obligations – Shipowners claimed under guarantee – Whether binding contract of guarantee entered into.
May 13, 1996
“Rothnie” ED & F Man Ship Ltd. –v- Kvaerner Gibraltar Ltd.
[1996] 2 Lloyd’s Rep. 206 Charles Priday – Contract – Jurisdiction – Ship repairs – Parties agreed to submit to non-exclusive jurisdiction of Courts of Gibraltar – Dispute concerning work carried out to vessel – Action brought in England – Whether Gibraltar more appropriate forum – Whether action should be stayed.
February 2, 1996
National Semiconductors (UK) Ltd -v- UPS and Inter City Trucks Ltd.
[1996] 2 Lloyd’s Rep. 212 Charles Priday acted in this Leading Commercial Court decision on wilful misconduct in CMR. Carriage by road – CMR – Wilful misconduct – Carriage of semiconductors to Italy – Lorry and trailer parked unattended in unnamed street off Via Fantoli – Theft of lorry and trailer – Defendants paid limit […]
February 15, 1995
Roadworks -v- Charman
[1994] 2 Lloyd’s Rep. 99 leading Commercial Court decision on the effect of the Leading Underwriter Clause and the agency of leading underwriters and the following market Insurance (Marine) – Non-disclosure – Leading underwriter clause – Underwriters agreed to insure barge provided LSA approved towing and beaching arrangements – LSA refused approval of beaching arrangements […]
March 25, 1993
London Tobacco (Overseas) Ltd -v- DFDS and Sun Alliance
[1994] 1 Lloyd’s Rep. 394; [1993] 2 Lloyd’s Rep. 306 Charles Priday acted in this Court of Appeal decision on hauliers’ liability insurance and theft of cigarettes. Insurance (Carriers’ Transit) – Carriage by road – Theft of consignment – Carrier sub-contracted carriage – Sub-contractor involved in theft – Carriers claimed under policy – Whether such […]
March 19, 1993
“Maciej Rataj”
[1992] 2 Lloyd’s Rep.552 Alistair Schaff led David Bailey; and Charles Priday acted in this Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’. Carriage by sea – Stay of action – Forum non conveniens – Damage to goods – Actions brought in Rotterdam and England – Whether […]
June 5, 1992
“Holstencruiser” A/S Iverans Rederi v KGMS Holstencruiser
[1992] 2 Lloyd’s Rep.378 Charles Priday Leading case on the effect of the New York Produce Exchange Inter Club Agreement Charter-party (Time) – Inter-Club Agreement – Construction – Scope of Inter-Club Agreement as incorporated – Applicability of agreement – Effect of agreement.
April 9, 1992
Tufton Associates -v- Dilmun Shipping
[1992] 1 Lloyd’s Rep. 71 Charles Priday acted in this Commercial Court decision on ship-finance dispute: acted for successful Plaintiffs. Ship finance – Arrangement fee – Plaintiffs agreed to arrange ship finance for defendants – Finance offer made by bank – Whether plaintiffs effective cause of offer – Whether terms of bank’s offer different from […]
June 25, 1991
“Mary” Aleko Maritime Co. Ltd. –v- Woodhouse Drake & Carey Suisse S.A.
[1991] 2 Lloyd’s Rep. 277 Charles Priday – Carriage by sea – Sale of cargo of rice – Cargo originally consigned to Ministry of Defence in Somalia – Purported head representative of Somalia to the United Nations instructed vessel to carry cargo to West Africa – Instructions challenged by other Somali interests – Vessel about […]
March 12, 1991
“Ulyanovsk” Novorossisk Shipping Co. –v- Neopetro Co. Ltd.
[1990] 1 Lloyd’s Rep. 425 Charles Priday – Charter-party (Voyage) – Uncontractual orders – Carriage of cargo of oil – Charterers anticipated a falling market – Ordered vessel not to berth and load – Master ignored order and vessel proceeded to berth and load – Whether charterers’ orders not to load uncontractual – Whether charterers […]
October 25, 1989
“European Enterprise” Browner International Ltd. –v- Monarch Shipping Co. Ltd.
[1989] 2 Lloyd’s Rep. 185 Charles Priday – Carriage by sea – Limitation of liability – Damage to goods – Goods carried subject to consignment note and partial incorporation of Hague-Visby Rules – Limitation provisions in consignment note less generous than Hague-Visby Rules – Whether provisions invalidated – Whether “carrier” in art. IV, r. 5(e) […]
April 7, 1989
“Deichland”
[1989] 3 WLR 478; [1990] 1 QB 361; [1989] 2 All ER 1066 Charles Priday acted in this Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings. Admiralty practice – Action in rem – Jurisdiction – Damage to cargo – Plaintiffs applied for judgment […]
July 19, 1988
“Kyzikos” Bulk Transport Group -v- Seacrystal Shipping
[1989] 1 Lloyd’s Rep. 1; [1987] 2 Lloyd’s Rep. 122; [1987] 1 Lloyd’s Rep. 48; [1988] 3 WLR 858; [1987] 1 WLR 1565; [1989] AC 1264; [1988] 3 All ER 745 Charles Priday acted in this House of Lords decision, leading case on commencement of laytime. Charter-party (Voyage) – Demurrage – Commencement of laytime – […]
June 23, 1988
“World Star”
[1987] 1 Lloyd’s Rep. 452 Charles Priday- Admiralty practice – Arrest and sale of vessel – Plaintiffs incurred costs in arresting and preserving vessel – Vessel sold and proceeds paid into Court – Whether plaintiffs entitled to payment out of funds in Court.
December 19, 1986
“Medusa” Mariana Islands Steamship Corporation –v- Marimpex Mineraloel-Handelsgesellschaft M.B.H. & Co. K.G.
[1986] 2 Lloyd’s Rep. 328 Charles Priday – Charter-party (Voyage) – Limitation of time – Delay in discharging cargo – Owners submitted claim for demurrage – Charterers contended claim time barred – Whether demurrage claim independent of charter – Whether submission of claim should be treated as a step to commence arbitration proceedings – Whether […]
June 17, 1986
“Aegis Britannic” Action S.A –v- Britannic Shipping Corporation Ltd
[1987] 1 Lloyd’s Rep. 119 Charles Priday – Charter-party (Voyage) – Cesser clause – Administrative Court of Basrah held owners liable to receivers for damage to cargo – Owners claimed payment from charterers – Whether charterers’ liability ceased upon cargo being shipped.
May 6, 1986
“Damodar General T. J. Park” And “King Theras” Mosvolds Rederi A/S –v- Food Corporation Of India
[1986] 2 Lloyd’s Rep. 68 Charles Priday – Charter-party (Voyage) – Demurrage – Currency – Lightening vessels to give notice of arrival off Sandheads – Notices given on completion of loading at Saugor – Whether notices valid – Whether laytime commenced when notice of readiness given at Calcutta – Currency in which demurrage should be […]
March 25, 1986
