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Marine Navigation Act 2013
The Marine Navigation (No.2) Bill ("the Bill") received Royal Assent on the 25th April 2013 becoming the Marine Navigation Act 2013 ("the Act") and is expected to come into force over the next few months.
15 Jul 2013
Exceptions To Laytime
The present economic crisis and the ferocity with which owners and charterers are fighting charterparty disputes have recently increased the instances of scrutiny by the courts of numerous charterparty clauses.
6 Mar 2013
Damages For Breach Of Time Charterparty
This article considers the measure of damages a Ship-Owner is entitled to claim, under English Law, from a Charterer who prematurely re-delivers a vessel in breach of a Time Charterparty.
1 Nov 2012
Isabella Ship-owner – v – Shagang Shipping: "The Aquafaith"
This case concerns the circumstances in which, following a breach of charterparty and purported early redelivery of the vessel, the owners can elect not to accept redelivery and instead affirm the contract claiming hire as opposed to damages.
17 May 2012
A Short Guide To LMAA Arbitration
The London Maritime Arbitrators Association (‘LMAA’) has three main arbitration procedures and terms that may be chosen by parties agreeing to arbitrate,
18 Oct 2011
Pipelines – Insurance & Legal Aspects In Cases Of Damage
The United Kingdom alone relies of thousands of kilometres of oil and gas pipelines that stretch across the ocean floor of the North Sea alone.
7 Jun 2011
Battle Of The Forms - GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm)
This case involves the familiar scenario in commercial contractual relations known as a "battle of the forms".
12 May 2011
Dangerous Cargo; A Minefield for Cargo Interests and Their Insurers
The carriage of dangerous goods remains a legal minefield for cargo interests and their insurers in relation to their potential exposure to liability.
8 Jan 2011
Assessment of Damages Following a Breach of Contract - The "Mamola Challenger"
This case discusses the extent to which a contracting party can claim, as damages for breach of contract, expenditure incurred in preparation of a contract that has been wasted as a result of breach of that contract by the other party. The facts of this claim arose from a breach of a Charterparty by the Charterers.
9 Sep 2010
MV Saldanha
This case raised the question of whether the detention by pirates of the MV SALDAHNA (the ‘Vessel’), or the effects of piracy entitled charterers to argue that the vessel was off-hire in accordance with cl.15 of the NYPE form of Charterparty agreed by the parties in the Charterparty dated 25th June 2008.
15 Jun 2010
Maritime Arrest Under English Law
Maritime arrest is a legal action to seize a vessel, cargo, container or other maritime property as security for a claim or to enforce a maritime lien.
14 May 2010
Entire Agreement? Admissibility Of Pre-Contract Negotiations
The recent case of Chartbrook and Another v Persimmon Homes Ltd and Others [2009] saw the House of Lords reaffirming the long-established position that under English law, anything said or done in the course of negotiating a contract is inadmissible as evidence of what the contract was intended to mean.
24 Mar 2010
Cat Fines: A New Issue For Hull Insurers?
In recent years, environmental regulatory requirements have dictated that marine fuels should be low in sulphur, a major pollutant, largely responsible for "acid rain".
13 Jan 2010
Rome II
The Rome Convention (last updated 1980) provides that in the EU, and in the absence of an express choice of law clause, a contract will be governed by the law of the country with which it is most closely connected.
4 Jun 2009
THE "ZENOVIA" – Commercial Court Overturns Maritime Arbitration Award Relating To Redelivery Notice: IMT SHIPPING AND CHARTERING GMBH V CHANSUNG SHIPPING COMPANY LTD [2009] EWHC 739 (Comm)
This is a shipping dispute that was initially dealt with in arbitration but subsequently appealed to the Commercial Court pursuant to section 69 Arbitration Act 1996. Somewhat surprisingly, given the courts’ usual reluctance to overturn arbitration awards except in extenuating circumstances, in this case, Mr. Justice Tomlinson decided the arbitration award should be set aside.
17 Apr 2009
CMA CGM SA v HYUNDAI MIPO DOCKYARD CO. LTD [2008] EWHC 2791 (Comm) – Arbitration vs Brussels Regulation
HMD and ERS entered into 4 shipbuilding contracts under which HMD would build 4 container vessels for ERS.
24 Feb 2009
The Significance Of Taking Out A Valued Policy In The Present Economic Climate
Under the Marine Insurance Act 1906, a distinction is made between valued and unvalued policies of insurance.
12 Dec 2008
Limit No. 2 Ltd V AXA Versicherung Ag. [2008] EWCA Civ. 1231 - Court Of Appeal Decision On Misrepresentation By Broker In Reinsurance Case
This case involved Lloyd's Syndicates who were reinsured by the predecessor to AXA under first loss reinsurance contracts relating to construction and operating risks in connection with oil rigs.
13 Nov 2008
The Petroleum Oil And Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Ltd [2008] EWHC 2480 (Comm)
This dispute involved a voyage pursuant to a charterparty on an amended BPVoy4 form relating to the carriage of two cargoes, High Speed Diesel ("Gasoil Cargo") and Multiple Oil and Gas ("Mogas").
27 Oct 2008
Whitecap Leisure Ltd v John H. Rundle Ltd [208] EWCA Civ 1026: The Modern Approach To Litigation Costs
"Anyone with any sense knows that litigation is expensive. Anyone with any sense knows that litigation is more expensive than one's worst fears. Anyone with any sense would avoid litigation. Commercial men should look at their balance sheet rather than the pleadings."
1 Oct 2008
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