Marine insurance – Practice – Insurers making late application to amend defence to allege breach of warranty that vessel was “laid up … in port” – Whether implied term that vessel would be in “in hot lay up” – Whether amendment should be allowed
(2012) 845 LMLN 2
Insurance & FinanceCharterparty – Contract of affreightment – Whether concluded by conduct – Carriage of goods by sea – Bills of lading cancelled and reissued – Whether bills were contracts of carriage or mere receipts – Arbitration – Whether arbitration validly commenced – Agency – Undisclosed principal – Whether party to arbitration
(2012) 846 LMLN 1
CharterpartyContract – Guarantee – Whether only enforceable where contract contained in a single document signed by the guarantor – Statute of Frauds 1677 – Whether guarantee contemplated execution of further document – Whether guarantee “signed” – Proper law of warranty of authority
(2012) 845 LMLN 1
Contractual DisputesGeneral average – Lien – Owners exercising lien over cargo for general average contribution – Owners accepting insurers’ guarantee in respect of one portion of cargo – Cargo receivers refusing to provide general average bond – Whether owners’ acceptance of insurers’ guarantee had effect to discharge lien – Whether owners entitled to recover costs of storing liened cargo
(2012) 845 LMLN 2
Lien
Contract – Letter of indemnity – Shipowners delivering cargo without production of bills of lading – Whether shipowners entitled to enforce letter of indemnity issued by receivers – Whether delivery constituted “delivery” under letter of indemnity – Whether receivers entitled to rely on defence of public policy – Contracts (Rights of Third Parties) Act 1999
(2012) 844 LMLN 1
Contractual Disputes, Sale of GoodsArbitration – Award – Validity – Owners seeking to enforce London arbitration awards in Australia – Awards obtained pursuant to London arbitration clause in voyage charterparty – Whether awards invalid on basis that charterparty was a “sea carriage document” within meaning of Australian Carriage of Goods by Sea Act 1991
(2012) 845 LMLN 4
Arbitration, AwardsArbitration – Award – Reasons – Whether party entitled to order that tribunal should state reasons for its award – Arbitration Act 1996 section 70(4)
(2012) 841 LMLN 1(2)
AwardsMarine insurance – Loss of hire cover – Whether insurers entitled to avoid policy for material non-disclosure – Whether assured failed to exercise due diligence – Whether one breakdown or three breakdowns for purposes of deductible
(2012) 840 LMLN 3
Insurance & FinanceContract – Advance Payment Bond – Bank issuing advance payment bonds guaranteeing repayment to buyers of pre-delivery instalments of purchase price on termination of shipbuilding contracts – Whether bond covered insolvency of shipbuilder
(2011) 834 LMLN 1
Ship FinanceConflict of laws – European law – Insurers of charterers bringing proceedings in Italy against shipowners in breach of London arbitration clause in charterparty – Italian court having jurisdiction under Article 5(3) of Regulation (EC) No 44/2001 – Whether London arbitration tribunal having jurisdiction to hear claim by owners for damages for breach of obligation to arbitrate – Article 1(2)(d)
(2012) 845 LMLN 3
Conflict of LawsConflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of foreign-flagged vessel sustaining personal injury when vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction - Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside
(2011) 822 LMLN 2
Conflict of Laws, Choice of Law, Choice of Forum, Tort ClaimsCharterparty – Off-hire – Vessel hijacked by Somali pirates – Construction of off-hire clause – Whether “seizure” had to be carried out “by any authority”
(2012) 844 LMLN 2
Off-hireCharterparty – Tanker voyage charter – Owners warranting vessel “approved” by specified oil majors – Construction of warranty – Whether owners in breach of warranty following imposition of Class condition
(2012) 843 LMLN 1
CharterpartyAthens Convention – Time bar – Claimant sustaining personal injury whilst being carried as a passenger on rigid inflatable boat in Menai Strait – Whether RIB was a “ship” – Whether “seagoing” – Whether claim subject to two-year limitation period
(2012) 844 LMLN 3
Carriage of Goods & PersonsCarriage of goods – Package limitation – Shelf life of perishable cargo reduced by reason of incorrect container temperature setting – Whether carrier entitled to rely on limitation provisions in New Zealand Carriage of Goods Act 1979
(2012) 841 LMLN 3
Loss/DamageAdmiralty jurisdiction – Application for arrest of ship as security for maritime claim – Rules for establishing prima facie case – Section 5(3) Admiralty Jurisdiction Regulation Act 105 of 1983
(2012) 843 LMLN 3
ArrestSale of ship – Buyer’s engineer inspecting vessel prior to conclusion of contract – Defects subsequently becoming apparent on sea voyage – Buyer rejecting vessel – Whether sellers in breach of implied term of satisfactory quality – Whether sale “in course of a business” – Whether sellers entitled to rely on fact that buyer examined vessel before contract was made – Whether buyer’s rejection of vessel equivocal – Sale of Goods Act 1979 section 14
(2012) 842 LMLN 3
Sale of ship
Registered in England under no. 1072954. Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH
