News & Knowledge

Aprile SPA v Elin Maritime Ltd [The Elin] 2019 – Deck cargo exclusion – Bill of lading supersedes Hague Visby

A number of claimants all named as ‘shipper’ on a bill of lading for a shipment of 201 packages of cargo described to be in ‘apparent good order and condition’ at the time of inspection, collectively brought a claim against the ship owner for loss of deck cargo in heavy seas.

"Ocean Prefect"

For the first time, the English High Court was asked to adjudicate on the inadmissibility of a MAIB report in a private and confidential arbitration. The rival contentions were - was the  court’s permission  required under Reg 14(14) Merchant Shipping (Accident Reporting and Investigation) Regulations 2012; or was the decision as to the admissibility of the report  a matter for arbitral tribunal pursuant to S34(2)(f) Arbitration Act 1996.

Ho v Adelekun: Court of Appeal re-establishes fixed cost provisions under Part 36 offer

In the recent case of Ho v Adelekun [2019] WL 06119464 the Court of Appeal has provided further guidance on the relevant costs regime in relation to claims subject to fixed costs, by way of reaffirming the importance of a ‘correctly construed’ Part 36 offer.

The United Nations Convention on International Settlement Agreements Resulting from Mediation

This will provide for the enforcement of mediated settlement agreements across country borders. It is being seen as the counterpart to the New York Arbitration Convention.

Governance of the high seas – important marine conservation treaty being negotiated with very little fanfare

With remarkably little press coverage a UN facilitated conference is underway with a view to producing a new treaty governing various uses of the high seas. The eventual aim is for the states involved to agree the wording of a treaty governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (i.e. the high seas).

Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (the “ATLANTIC TONJER”)

This was an appeal from the decision of an arbitration tribunal concerning the proper interpretation of the payment obligations under the BIMCO SupplyTime 2017 Charter Party for Offshore Support Vessels.

Deliberately started fires and the Hague-Visby Rules: Glencore Energy UK Ltd, Glencore Ltd v Freeport Holdings Ltd, The ‘Lady M’

The Court of Appeal has confirmed that the fire exception in the Hague-Visby rules applies even in circumstances where the fire was deliberately started by a crew member.

Passage planning – an incident of unseaworthiness or if done badly an example of negligent navigation?

Myton Law recently acted for cargo owner and their insurers in an arbitration in which this was an issue. At the time there was no precedent.

English law and implied terms – when does the court step in and imply terms into a contract?

As  might be apparent, implied terms are terms that have not been expressly agreed by the parties, the latter being stated in the contract.

No common law rule against set-off in freight forwarding contracts

In the recent case Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Limited [2019] EWHC 255 (Comm) the Commercial Court has further defined the limits of the common-law rule against set-off from freight.

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