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Articles
Hague Rules time limit applies to misdelivery claims
Friday, 1st March 2019The Court has held that a ship-owner, who had delivered the shipper’s cargo to a third party without production of the relevant bill of lading, could nonetheless rely on the one-year time limit in Article III Rule 6 of the Hague Rules to defeat the shipper’s claim for misdelivery. The background facts The dispute arose […]
Supreme Court considers burden of proof in cargo damage claims under Hague Rules
Friday, 1st February 2019Supreme Court considers burden of proof in cargo damage claims under Hague Rules This recent Supreme Court judgment deals with the issue of whether the carrier or cargo interests bear the burden of proof under the Hague Rules in relation to claims for cargo loss and damage. In particular, it considers the interplay between a […]
When is an owner obliged to commence the approach voyage to the loadport?
Saturday, 1st December 2018CSSA Chartering and Shipping Services SA v. Mitsui OSK Lines Ltd (Pacific Voyager) [2018] EWCA Civ 2413 The Court of Appeal has recently given its decision in this case, which will be of interest to all those involved in the chartering of vessels on a voyage basis. The Court of Appeal upheld the Commercial Court decision and […]
Deviation and the right to rely on contractual time bars
Thursday, 1st November 2018Dera Commercial Estate v. Derya Inc (MV Sur) [2018] EWHC 1673 (Comm) The background facts Dera purchased a cargo of Indian maize to be carried from ports in India to be discharged in Aqaba, Jordan. The cargo was loaded on board the vessel and bills of lading were issued, incorporating the Hague Rules and providing […]
Could or would standard sanctions wordings leave underwriters exposed?
Monday, 1st October 2018The Court has recently held that underwriters were obliged to pay a claim under a marine cargo insurance policy in respect of a cargo of steel sold to an Iranian national. This was the case notwithstanding the sanctions provision in the policy and President Trump’s decision to withdraw from the international agreement to ease economic […]
Unnecessary strapping of cargo: Charterers pay for Master’s negligence
Clearlake Shipping Pte Limited v. Privocean Shipping Limited (M/V Privocean) [2018] EWHC 2460 (Comm) In this case, the Master was negligent in insisting that the only safe stowage plan for the ship was one where cargo was part loaded in two holds and strapped, thereby incurring additional time and expense. In fact, the Master had […]
“Always accessible”: arrival, departure or both?
Wednesday, 1st August 2018Seatrade 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 2018Introduction 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 2018Stories 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 2018Sveriges 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 […]