China Pacific SA v Food Corpn of India (The Winson)

Ships

Winson

Additional names

Winson, The

Subject Matter

ADMIRALTY — Salvage — Salvage agreement — Vessel stranded — Part of cargo salvaged and brought to safe port — Off-loaded and stored at salvors' expense — Whether shipowners or cargo owners liable for expenses incurred thereby prior to abandonment of voyage — Whether cargo owners liable to salvors as bailees of cargo where no emergency necessitating post-salvage services — Purported representation made prior to salvage arbitration that cargo owners liable for storage expenses — Whether unequivocal representation constituting estoppel — Lloyd's Standard Form of Salvage Agreement (1972), cl 16

[1980] 3 WLR 891; [1979] 2 All ER 35; [1979] 1 Lloyd's Rep 167

ADMIRALTY — Salvage — Salvage agreement — Vessel stranded — Part of cargo salvaged and brought to safe port — Off-loaded and stored at salvors' expense to avoid deterioration — Whether cargo owner liable to salvors as bailees

[1981] QB 403; [1982] AC 939; [1980] 3 WLR 891; [1981] 3 WLR 860; [1979] 2 All ER 35; [1979] 1 Lloyd's Rep 167

LIEN — Common law — Expenses incurred by lienee — Whether recoverable from lienor

[1981] QB 403; [1982] AC 939; [1980] 3 WLR 891; [1981] 3 WLR 860; [1979] 2 All ER 35; [1979] 1 Lloyd's Rep 167

Appellate History

China Pacific SA v Food Corpn of India (The Winson) [1979] 2 All ER 35; [1979] 1 Lloyd's Rep 167, QBD

Decision of Lloyd J reversed

China Pacific SA v Food Corpn of India (The Winson) [1981] QB 403; [1980] 3 WLR 891; [1980] 3 All ER 556; [1980] 2 Lloyd's Rep 213, CA

China Pacific SA v Food Corpn of India (The Winson) [1981] QB 403; [1980] 3 WLR 891; [1980] 3 All ER 556; [1980] 2 Lloyd's Rep 213, CA

Decision of the Court of Appeal reversed

China Pacific SA v Food Corpn of India (The Winson) [1982] AC 939; [1981] 3 WLR 860; [1981] 3 All ER 688; [1982] 1 Lloyd's Rep 117, HL(E)

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