News & Knowledge

Maersk Tangier – Part 2 – Court of Appeal keeps it simple

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 [2018] EWCA Civ 778).

Capped Costs in the London Circuit Commercial Court

The London Circuit Commercial Court has introduced a voluntary pilot scheme for capped costs litigation.

Litigant in person’s procedural wrangling divides the Supreme Court – decision on service by email.

In the recent judgement Barton v Wright Hassall LLP [2018] 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.

Clear wording prevails - Lukoil v Ocean Tankers 2018

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 [2018] 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.

Fitness For Purpose In Marine Construction Contracts

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.

A new pre-action protocol for debt claims comes into force on 1 October 2017

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.

British International Freight Association – New set of standard trading conditions

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!).

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