Inner Temple Library - Shipping Law

AK on Shipping, Monthly, Issue 8 | October 2024 This month's issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] …

Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm) A. Introductory Summary The judgment of Christopher Hancock KC, …

The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed …

“A helicopter-carrying merchant ship that sank with the loss of 12 men after being hit by two Exocet missiles in the 1982 Falklands conflict was unarmed and unprotected because Ministry …

“The mystery of what happened to a yacht that sank off the Isle of Wight with the loss of its three crew members may never be solved after a ferry …

International Transport Workers’ Federation and Another v Viking Line ABP and Another Court of Justice of the European Communities “The protection of workers could justify industrial action causing a restriction …

“A businessman who bought two lordships for himself at auction has won the right to a half share of any wreck that washes up on a long stretch of the …

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113 “A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss …

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230 “An arbitral tribunal in assessing damages for breach of contract had been wrong …

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23 “A cargo seized by pirates and subsequently recovered after being ransomed …

“A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not …

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Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] EWCA Civ 650; [2013] WLR (D) 221 A shipowner was entitled (1) to refuse to deliver up cargo …

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723; [2013] WLR (D) 406 “The off-hire clause in clause 15 of the …

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217; [2014] WLR (D) 113 ‘It is in principle possible to constitute a limitation fund …

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440 ‘The expression “completion, by delivery of the bill, of any indorsement of the bill” …

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444 ‘The rules which applied to the construction of contracts generally were applicable …

‘What does the law say about commercial ship captains’ duty to help those they find in distress at sea? Captain Andy Lewington explains how he, and his 18 man crew, …

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306 ‘The time bar prescribed by article 16 of the Convention relating …

“I cannot praise highly enough the Inner Temple Library blog. The librarians provide a comprehensive survey of the legal world as they locate and dispense relevant information from a wide …

‘The supply of “bunkers” of marine fuel on credit for immediate use was not governed by the 1979 Sale of Goods Act, leaving the shipping company in debt to the …

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“I cannot praise highly enough the Inner Temple Library blog. The librarians provide a comprehensive survey of the legal world as they locate and dispense relevant information from a wide …

Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, …

“It really is an excellent facility, and I already find it invaluable. It is particularly useful when I am out of chambers, in the UK or abroad, as it provides …

In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive …

The Supreme Court heard the case of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 in which it considered …

John Butler is a senior associate in the insurance and reinsurance group at CMS, specialising in maritime disputes. John is dual-qualified in Hong Kong and England & Wales, and regularly …

In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of …

Introduction By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and …

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On Wednesday 12th October, an Electronic Trade Documents Bill was presented before Parliament. The Bill, which is based on Law Commission recommendations and draft legislation, with some modifications, proposes changes …

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This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private …

In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v …

Overview On 17 January 2024, the Supreme Court handed down judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post …