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NEWS & KNOWLEDGE

Debate resolved: One late hire payment isn’t enough (in itself), but where does this leave owners faced with late payments?

Any uncertainty about whether an owner can automatically terminate a charterparty and claim damages for a single late payment of hire has been resolved by the decision of the Court of Appeal in Grand China Logistics Holding (Group) Ltd v Spar Shipping AS [2016] EWCA Civ 982 (7 October 2016). [click on case name for […]

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UK Flagged Vessels exposed to greater risk in Indian Ocean?   »

There is a possibility that the UK government may have inadvertently exposed UK flagged vessels to a greater risk of hijacking and to have also undermined the deterrent effect of the widespread arming of ships in the Indian Ocean.   The deployment of armed guards on UK flagged vessels is only allowed in “exceptional circumstances […]

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UK Supreme Court overturns ruling on “fraudulent device”   »

A vessel is incapacitated by an ingress of water which floods the engine by way of a faulty sea-water inlet valve in the bow thruster space. It is unsurprising that sceptical underwriters mount an investigation. The witnesses are proffered for interview and a theory developed to explain the steps required for the water to reach […]

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US Court denies maritime lien to fuel supplier following OW Bunker collapse   »

While developments in cases involving OW Bunker and its suppliers continue to be presented, Valero is the first ruling issued by a US court deciding against the maritime lien issue in the OW Bunker context. This article was published by the International Law Office and Lexology, authored by Antonio J Rodriguez, Michael Harowski and Ashley […]

NEWS & KNOWLEDGE

Marine Insurance and Late Payment of Claims

Provisions of the Enterprise Bill 2015 propose to reform the law of late payment of insurance claims. The reform may have little effect on marine insurance in general. However, in the case of claims under maritime liability conventions, insurers need to be wary of their obligations to claimants exercising a right of direct action.     […]

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Lifting of sanctions against Iran – what does it mean for you?   »

In the language of  the Joint Comprehensive Plan of Action (JCPOA), the agreement reached between the P5+1 (China, France, Germany, Russia, UK and US), the European Union (EU) and Iran, was that 16 January 2016 was ‘Implementation Day’. Through the JCPOA, the international community has accepted, for the time being, that Iran’s nuclear programme will be peaceful. […]

NEWS & KNOWLEDGE

Seaman Guard Ohio – Indian decision shocks PMSCs

A recent decision of the Tuticorin Court in the Seaman Guard Ohio case in India prohibiting automatic weapons altered so they can fire single shots will be of concern to private maritime security operators taking weapons into Indian waters. Seaman Guard Ohio a floating armoury registered as a “utility” boat in Sierra Leone, anchored off […]

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Mitigation – what happens when the claimant makes money?   »

The New Flamenco What constitutes mitigation has never been easy to assess. The primary rule, that a claimant must take all reasonable steps to mitigate the loss he suffers as a result of the defendant’s breach, is well understood. In short, a claimant cannot recover for avoidable loss.   More difficult is the principle governing […]

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OW decisions create uncertainty   »

It is now just over one year since the dramatic collapse of OW Bunker, which has led to considerable hardship for creditor companies and wide-scale legal action. There has been criticism not only of legal judgments handed down in cases arising from the collapse of the company in 2014 and also comparisons between different jurisdictions as […]

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