News & Knowledge
As promised, this is the second legal update on the Maersk Tangier case, considering the package limitation issues raised in the case. Briefly, the question was whether details on the face of a waybill recording the number of tuna loins as the number of “PCS” shipped, could constitute the number of “packages or units” for limitation purposes.
Carrier issues waybill but Court of Appeal says the contract of carriage was “covered by a bill of lading”. Go figure… (Maersk Tangier – Part 1)
It is a testament to the ingenuity (and, cynics might say, powers of self preservation) of English law and lawyers that in certain circumstances the effect of the law can actually be entirely contrary to what it would on first glance, appear. By way of illustration, this article considers one of the issues considered in the Maersk Tangier case (AP Moller-Maersk A/S trading as Maersk Line v Kyokuyo Limited  EWCA Civ 778).
The London Circuit Commercial Court has introduced a voluntary pilot scheme for capped costs litigation.
In the recent judgement Barton v Wright Hassall LLP  UKSC 12 the Supreme Court has considered the power under CPR 6.15(2) to order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
There are some cases where (and perhaps with a degree of hindsight) it is difficult to see how there could be any other outcome. Lukoil Asia Pacific PTE Limited v Ocean Tankers (PTE) Limited  is one of them.
Schenker Ltd v Negocios Europa Ltd.
Myton Law were pleased to be successful in the ground breaking judgment of the London Mercantile Court. In a trial of a preliminary issue, the Court judgment established that the English common law precedent against ‘set off’ in freight matters applies not only to goods moved by sea and road, but also by air.
The UK Supreme Court has overturned a decision of the Court of Appeal and in doing so has reaffirmed the principle that a fitness for purpose obligation in a construction contract was to be given its natural effect.
The new protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The protocol does not apply to business to business debts unless the debtor is a sole trader.
BIFA have intimated a new set of trading conditions which are going to come into force later this year on 1 October 2017.
Historic wreck salvage - claim for cannons and tin ingots time barred - R (on the application of David Knight) v The Secretary of State for Transport
Interesting salvage law issues arose in the above judgement from the Administrative Court of the Queen’s Bench Division (yes Administrative – not Admiralty!).