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ADMIRALTY AND CASUALTY

The “Lady M” – the good old fire exception under the HVR

Glencore Energy UK Ltd v Freeport Holdings Ltd[1] Image source: Balticshipping The “Lady M” suffered a fire which the parties agreed was deliberately caused by the chief engineer.  The reasons given were either his extreme emotional stress or some undiagnosed personality disorder.  The question was whether or not Owners were able to enforce a claim […]

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Stolt
The “Stolt Kestrel” – Lesson learned!   »

In terms of time-limits, there were salutary lessons for the unwary in the case of The Stolt Kestrel [1]. Image source: ShipSpotting.com In that case a collision occurred between the Stolt Kestrel (which was berthed at the time in a UK port) and the Niyazi S. As will be appreciated, responsibility and liability for the collision largely […]

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Caution is needed when agreeing provisions that amend the knock-for-knock position   »

There is one good reason why there are many more solicitors dealing with marine claims than in the offshore and energy sectors. In traditional shipping, the parties are frequently in dog-fights over damage to cargo, demurrage, unpaid or disputed hire, general average and, of course, the occasional unexpected bump, towage or salvage. Conversely, offshore and […]

Atlantic cargo ship
Would the B Atlantic have been determined differently if it was under the Nordic Plan?   »

Following the recent decision in London in the B Atlantic, this article considers whether the assured would have had their claim for a CTL paid had the B Atlantic been insured under the Nordic Plan. What the English Courts decided under the Institute War Risk Clauses For the purposes of determining liability in the B Atlantic […]

ADMIRALTY AND CASUALTY

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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Costa Concordia
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.   The […]

ADMIRALTY AND CASUALTY

The importance of the UNESCO Convention on the Protection of the Underwater Cultural Heritage

Contractors, shipowners and insurers engaged in wreck removal operations must consider many factors as they develop their plans. But how many give proper consideration to the UNESCO Convention on the Protection of the Underwater Cultural Heritage (PUCHC), which came into force in 2009? It is something of which those in the industry should be aware, […]

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