Reported Cases
Ocean Victory – Supreme Court Judgment
Dominic Kendrick QC and Gavin Geary were instructed on behalf of the successful time charterers in this appeal to the Supreme Court. The Ocean Victory was lost whilst leaving Kashima in a strong northerly gale. The vessel left the port due to difficulties at berth caused by long waves. At first instance, the Judge held […]
May 10, 2017
Teekay Tankers v STX O&S
[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]
February 15, 2017
“Ocean Victory”
The Ocean Victory was “a remarkable maritime casualty”, the vessel rendered a total loss whilst leaving Kashima in a strong northerly gale. The vessel left due to difficulties at berth caused by long waves. The Judge below found in favour of the owners/demise charterers: the port was unsafe and the whole loss was recoverable from […]
January 22, 2015
“Tutova” Almatrans Sa -v- The Steamship Mutual Underwriting Association (Bermuda) Ltd
[2007] 1 Lloyd’s Rep. 104 Gavin Geary – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of LOU – Whether implied term […]
July 25, 2007
Europ Assistance Insurance Ltd -v- Temple Legal Protection Ltd
[2008] 1 Lloyd’s Rep 216 Timothy Saloman QC and Gavin Geary acted in this Insurance (after the event) matter – Agency – Defendant authorised to conduct run-off on behalf of claimant – Claimant terminating agency alleging breach of contract and breach of duty – Whether claimant entitled to temporary injunction restraining defendant from conducting run-off.
July 25, 2007
Almatrans SA -v- Tutova Shipping Co Ltd
[2007] 1 Lloyd’s Rep. 104 Gavin Geary acted in this matter involving – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of […]
August 31, 2006
“Mariana” Thyssen Canada Limited -v- Mariana Maritime S.A. And Another
[2005] 1 Lloyd’s Rep. 640 Stephen Hofmeyr QC and Gavin Geary – Arbitration – Award – Application to set aside – Cargo damaged by fire in hold – Dispute referred to arbitration – Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence – Cargo owners […]
February 23, 2005
Thyssen Canada -v- Mariana Maritime
[2005] 1 Lloyd’s Rep 640 Stephen Hofmeyr QC and Gavin Geary – Arbitration – Award – Application to set aside – Cargo damaged by fire in hold – Dispute referred to arbitration – Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence – Cargo owners […]
February 23, 2005
“Easy Rider” Tame Shipping -v- Easy Navigation
[2004] 2 Lloyd’s Rep 626 Gavin Geary acted in this Arbitration matter – Shipping – Sale of vessel – Dispute as to cost of repairs to be paid for by sellers – Arbitration award not containing reasons – Reasons given in separate confidential document – Application to set aside award for serious irregularity under s. […]
July 28, 2004
Heath Lambert -v- SCORT
[2005] 1 Lloyd’s Rep 597 Gavin Geary – Reinsurance – Marine – Placing broker paying premium to reinsurers – Claim by placing broker against producing broker and reinsured for reimbursement – Running of time for making of claim – Whether action accrued when risk incepted or at end of 90-day credit period granted by reinsurers […]
June 23, 2004
Heath Lambert Ltd. –v- Sociedad de Corretaje de Seguros
[2005] 1 Lloyd’s Rep. 597, [2005] 1 All ER 225, [2004] Lloyd’s Rep IR 905, [2004] 1 Lloyd’s Rep. 495, [2004] 1 WLR 2820 Jonathan Gaisman QC and Gavin Geary – Reinsurance (marine) – Broker – Payment of premium – Placing broker paying premium to underwriters – Whether obligation to indemnify owed by producing broker […]
October 14, 2003
“Martin P” O’Kane v Jones
[2004] 1 Lloyd’s Rep 389 Gavin Geary, Charles Holroyd and Peter MacDonald Eggers acted in this marine insurance matter; double insurance; insurable interest; contribution; non-disclosure; mistake. Insurance (Marine) – Two policies on vessel’s hull and machinery – Second policy cancelled after vessel became constructive total loss – Whether underwriters under first policy entitled to contribution […]
July 19, 2003
“Demetra K” Kiriacoulis Lines Sa -v- Compagnie D’assurances Maritime Ariennes Et Terrestres (Camat)
[2002] Lloyd’s Rep IR 795, [2002] 2 Lloyd’s Rep. 581 Stephen Hofmeyr QC and Gavin Geary – Insurance (marine) – Hull and Machinery policy – Cover for fire – Underwriters refusing to insure losses caused by war risks and malicious acts – Whether loss by fire included a fire deliberately caused by a third party […]
July 16, 2002
“Beursgracht” Glencore International A.G. –v- Ryan – Court of Appeal
[2002] 1 Lloyd’s Rep. 574; [2001] 2 Lloyd’s Rep 608 Timothy Saloman Q.C. led Gavin Geary on behalf of the Apellant Defendant in the Court of Appeal: Insurance (Marine) – Charterer’s liability – Declaration – Open cover – Insured claimed in respect of accident which occurred on vessel – Underwriters alleged no timely declaration made […]
December 21, 2001
Bergen Industries -v- Dalmoreproduct
[2001] EWHC 482 (Comm) Stephen Hofmeyr QC led Gavin Geary in thiscase concerns fourteen supertrawlers built in Spain. The First and Second Claimants/Part 20 Defendants (“Bergen” and “Bolero”) are the registered owners of the supertrawlers. Bergen and Bolero are wholly owned subsidiaries of the Third Claimant/Part 20 Defendant (“Rybcomflot”). Rybcomflot is the successor, under an […]
August 1, 2001
Cool Carriers -v- HSBC Bank USA and others
[2001] 2 Lloyd’s Rep 22; [2001] 2 All ER (Comm) 177 Gavin Geary acted in this matter – Practice – Jurisdiction – Application to set aside – Charterers brought interpleader proceedings to determine whether charter-party hire should be payable to owners or owners’ assignees – Leave to serve out of jurisdiction granted – Whether claim […]
March 13, 2001
“Goodpal” Merit Shipping Co. Inc. –v- T.K. Boesen A/S
[2000] 1 Lloyd’s Rep 638 Gavin Geary acted in this Charter-party (Time) dispute – Employment and agency clause – Discharge of cargo – Receivers at first port of discharge requested discharge of additional cargo – Owners agreed but only against letter of indemnity – Cargo shortlanded at second discharging port – Whether receivers acting as […]
January 27, 2000
Callaghan And Hedges (T/A Stage 3 Discotheque) -v- Thompson And Others Subscribing To Syndicate 1049 At Lloyd’s And Anderson Insurance Services Ltd
[2000] Lloyd’s Rep IR 125 Gavin Geary – Insurance (fire) – Brokers appointing loss adjusters and passing on interim payments from insurers – Insurers subsequently discovering apparent basis for avoiding liability – Whether brokers were agents of insurers or assured – Whether insurers had waived breach of duty.
November 3, 1999
Glencore International A.G. –v- Shell International Trading And Shipping Co. Ltd. And Metro Oil Corporation
[1999] 2 Lloyd’s Rep. 692; [1999] 2 All ER (Comm) 922 Charles Priday – Practice – Interpleader proceedings – “Same cause of action”- Construction – Proceedings commenced in Paris against defendants in respect of payment for cargoes of naptha – Defendants commenced interpleader proceedings in England – Whether Paris action and interpleader proceedings involved the […]
August 26, 1999
J A Chapman & Co Ltd (In Liquidation) -v- Kadirga Denizcilik Ve Ticaret; J A Chapman & Co Ltd (In Liquidation) -v- Chios Breeze Marine Company; J A Chapman & Company Ltd (In Liquidation) -v- Kadirga Denizcilik Ve Ticaretas
[1998] Lloyd’s Rep IR 377 Gavin Geary – Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] […]
March 5, 1998
Chapman -v- Kadirga
[1998] Lloyd’s IR 377 Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] at inception of risk, […]
March 5, 1998
Sim Swee Joo -v- Shirlstar
[1994] LMLN 374 Gavin Geary acted in this matter involving Contract containing arbitration clause assigned to claimants – Claimants commenced arbitration proceedings but did not join assignor – Respondents to arbitration protested and refused to appoint own arbitrator – Whether arbitration proceedings a nullity
February 16, 1994
“Ville De Titana” Albany Marine Inc. -v- South Loyal Shipping Inc. And Sassari Investment Ltd.
[1994] 1 Lloyd’s Rep. 541 Gavin Geary – Arbitration – Award – Remission – Further evidence – Sale of ship – Arbitrators dismissed buyers’ claim – Buyers alleged further evidence available – Whether evidence available to buyers at time of arbitration – Whether buyers took all reasonable steps to obtain it – Whether award should […]
November 18, 1993
“Pina” Atlantic Marine Transport Corporation -v- Coscol Petroleum Corporation
[1991] 1 Lloyd’s Rep. 246 Gavin Geary – Charter-party (Time) – Rectification – Charter-party documents unsigned owners claimed for over-performance of vessel – Whether contract contained in charter-party or fixture agreement – Whether hire adjustment provisions of cl. 24 incorporated into charter – Whether contract should be rectified to exclude or modify cl. 24.
July 23, 1991
