News & Knowledge

Road Haulage Association – Conditions of Carriage 2020

After a lapse of a little over a decade, the RHA have refreshed their carriage conditions.

LITIGATION - The Impact of COVID-19 on compliance with case management directions – Hotel Portfolio II UK Ltd (in liquidation) v Ruhan 2020

The current climate is somewhat unchartered territory, it was only a matter of time before the circumstances surrounding the pandemic would impact the litigation process, specifically compliance with case management directions.

Alianca Navegacao e Logistica Ltda v Ameropa SA (the “Santa Isabella”) [2019] EWHC 3152 (comm) – clarity on ‘contractual route’ and owners’ obligation

When there are no specific contractual provisions in place, what would be deemed a ‘usual and reasonable’ route for a vessel to take?

 

SILENCE IS GOLDEN – THE mv NORTRADER

The recent Commercial Court judgement, MVV Environment Devonport Limited v NTO Shipping GmbH and Co KG was a challenge to a final arbitration award but really it was all about who is a party to a bill of lading contract.

DOES YOUR BUSINESS INSURANCE COVER CORONAVIRUS?

Myton Law has specialist insurance law expertise and can provide businesses with clarity over their insurance cover in the face of the coronavirus.

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).

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