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

Image source: Balticshipping   Introduction 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 for general average (“GA”) against cargo […]

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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 the […]

OW Decisions Create Uncertainty
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 […]