“Always accessible”: arrival, departure or both?

Wednesday, 1st August 2018

Seatrade Group N.V. v. Hakan Agro D.M.C.C (Aconcagua Bay) [2018] EWHC 654 (Comm)   An “always accessible” berth warranty is often used by an owner to transfer the risk of delays in berthing to a charterer. The Commercial Court has now settled the debate as to whether that warranty also transfers the risk of delays […]

Bunkers and bunkering

Sunday, 1st July 2018

Introduction Everybody who owns or drives a car has experience of bunkering. We all fill up with petrol from time to time. We do so almost without thinking about it. Fortunately, we rarely, if ever, have a problem with the quality of the fuel. And if we spill some petrol, it is not a “pollution […]

Tackling cargo misdeclaration – a first line of defence against container fires

Friday, 1st June 2018

Stories describing danger at sea change with the times. An increasingly common narrative today is the danger posed by fire that originates with cargo. Cargo fires represent potentially catastrophic risks. The crew is in great danger when a fire breaks out on their ship and every unsuccessful attempt to quickly extinguish the fire increases the […]

Knowing when its time to say goodbye Notices of Abandonment

Tuesday, 1st May 2018

Sveriges Angfartygs Assurans Forening (The Swedish Club) v. Connect Shipping Inc (MV Renos) [2018] EWCA Civ 230 The background facts In August 2012, the RENOS was in the Red Sea when a fire broke out in the engine room. Salvors were appointed under a Lloyds Open Form 2011 (“LOF”) and invoked the Special Compensation Protection and Indemnity Clause […]

Does a claim for time spent waiting for charterers orders fall within a 90 day demurrage time bar provision?

Sunday, 1st April 2018

Lukoil Asia Pacific Pte Limited v. Ocean Tankers (Pte) Limited (Ocean Neptune) [2018] EWHC 163 (Comm)  The background facts. The Shipowners had voyage chartered their vessel to the Charterers on the ExxonMobil VOY 2005 form with Litasco rider clauses. The relevant clauses for the purposes of this dispute were as follows: Rider Clause 2: “….Charterers shall be […]

How long can a carrier claim demurrage for unreturned containers

Thursday, 1st March 2018

MSC Mediterranean Shipping Company SA v. Cottonex Anstalt [2016] EWCA Civ 789 A container line, whose containers had been detained for a few months and seemed to be unlikely to be returned for some time, was not able to claim demurrage from the Shipper for an open-ended period. The background facts This case arose out […]

The importance of the letter of undertaking wording

Thursday, 1st February 2018

“Alpine Tramp SA & another v. Jordan International Insurance Company (Flag Evi) [2016] EWHC 1317 (Comm)” The dispute arose out of a cargo damage claim. The Jordanian cargo underwriters commenced proceedings in Jordan. The vessel Owners and their P & I Club sought an anti-suit injunction in the English Court to restrain those proceedings on […]

Scope of owners’ obligation to proceed to load port with utmost despatch

Monday, 1st January 2018

“CSSA Chartering and Shipping Services SA v. Mitsui OSK Lines Ltd (Pacific Voyager) [2017] EWHC 2579 (Comm)” In this case, the Commercial Court considered a novel point in respect of owners’ obligation under the terms of a voyage charterparty to commence the approach voyage and get the vessel to the load port within a reasonable […]

Due diligence to maintain a vessel’s condition

Friday, 1st December 2017

The owners of the vessels ELLI and FRIXOS let their vessels to the charterers utilising the well-known Shell time 4 form of charter party. During the charter and, indeed, with a considerable period of the charter still outstanding, international regulations regarding the transportation of certain liquid cargoes came into force. Whilst there were a number […]

The perils of misdelivering cargo

Wednesday, 1st November 2017

Original Bills of Lading (“OBL”) frequently end up in cargo owners’ hands long after a vessel is ready to discharge her cargo. This is due to the fact that OBLs, which are often negotiable documents of title, are passed through the payment chain in a series of sale and financing arrangements. OBLs act as proof […]