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ADMIRALTY AND CASUALTY

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 […]

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Tug losses – Communication vital to offset risk   »

This article argues that over-reliance on the ability of a tug and its crew to be able to prevent the vessel from capsizing is common to many incidents. I have not been on board a girting tug, nor want to be. I do know that when a yacht broaches in high winds or a dinghy gybes […]

Pirate ransom payment
Ransoms revisited   »

US Executive Order signals change of approach to payments to terrorists, in contrast to UK’s Counter Terrorism and Security Act. On 24th June 2015 President Obama issued an Executive Order which set out the conclusions to the recent US review on dealing with hostages. Like the UK, the US had a strict policy against even […]

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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 […]

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.     […]

ADMIRALTY AND CASUALTY

Tanker escort tug operations – the legal perspective

Increasingly port authorities are insisting on escort tug arrangements for visiting tankers, a trend that has gathered pace in recent years albeit long since the groundings of the Sea Empress and Exxon Valdez highlighted the potential benefit. Around the UK coast compulsory escort arrangements are in force under local harbour regulations and much the same […]

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Shipping excluded from Paris COP 21 regulatory framework   »

The industry led by the International Chamber of Shipping have welcomed the decision of the UN Federal Climate Change Commission to exclude shipping from its regulatory framework. This is not uniformly supported even amongst shipowners but it seems that the IMO will continue to take the lead when it comes to controlling emissions. In the […]

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I need a tow – but on what terms?   »

Ships at sea have engine failures, and a tow to a port of refuge to effect repairs is needed. Such failures can occur in waters where towage facilities are readily available, or in much more remote waters where, perhaps, only a professional salvor is prepared to venture. There is usually no immediate physical risk to […]

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