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ADMIRALTY AND CASUALTY

Collisions – Pitfalls, Banana Skins and Tips under English Law

Rule No 1: Never accept security without a Jurisdiction Agreement! Unless you have a very good reason, never accept security without a separate jurisdiction agreement in relation to the underlying collision. Failure to do this can result in the ultimate check-mate where a party will potentially be in position of having security for their collision […]

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The “RENOS” – The Supreme Court settles the law on allowable CTL costs – no more “dry lemons”…   »

On 12 June 2019, the Supreme Court handed down its judgment holding that: a) Pre-Notice of Abandonment (NOA) costs do count towards the CTL calculation – dealing with an issue which had not been addressed by English courts for over fifty years; and b) SCOPIC costs do not constitute “costs of repairing the damage” for […]

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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 […]

The Stolt Kestrel
The Stolt Kestrel [2015] EWCA Civ 1035 – Lessons learned!   »

Image source: ShipSpotting In terms of time-limits, there were salutary lessons for the unwary in the case of The Stolt Kestrel[1]. 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 […]

ADMIRALTY AND CASUALTY

Trading to Yemen – Where are we?

Recent news in respect of the commercial maritime picture in and around Yemen culminating in the extraordinary reports of a missile attack on the Turkish flagged Ince Inebolu, has been difficult to unravel. Both sides of the proxy war are making claims and counter-claims to suit their respective narratives. An already complex environment is seemingly fraught with […]

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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 […]

ADMIRALTY AND CASUALTY

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 it was assumed by the Court […]

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DC MERWESTONE
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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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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