12/20/2022 10:37:35 AM BIMCO CII Clause for Time Charters – The dust begins to settle By Nick Austin Mike Adamson Laura Hyne Just as there is no easy route to decarbonisation, there is no straightforward way of balancing a shipowner’s obligation to comply with...
12/8/2022 4:06:13 PM Misdelivery claims: not an open goal for financing banks By Thor Maalouf There have been several decisions in 2022 about carrier’s defences to misdelivery claims under bills of lading. Carriers face misdelivery...
11/25/2022 10:28:03 AM Subjects and separability By Sally-Ann Underhill Lianjun Li Anja Cheng Dimitris Athanasopoulos Priyanka Rajaram +2 more... Show less With thanks also to Counsel, Charles Holroyd at 7KBW. In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd 2022-000247 [EWCA],...
9/5/2022 9:18:18 AM The Eternal Bliss – Permission to appeal granted by the UK Supreme Court By Mike Adamson Nick Austin The question of whether demurrage liquidates all or just some of the damages arising from a charterer’s breach in failing to complete...
8/30/2022 10:43:44 AM Claims for misdelivery of cargo without presentation of B/Ls: “good faith” and “consent” By Jonathan Lim It is settled law that a carrier who delivers goods without production of the bill of lading is typically liable for any consequential...
6/30/2022 12:58:58 PM Ship finance without a ship? Addressing the risks of newbuild financing By Romain Farnoux “It is good that I make you build, of this ship which shall sail on the sea, the hull, the decks and the mast, and then on a sunny day,...
6/16/2022 2:30:23 PM Court of Appeal overturns judgement on acceptable security in collision matter By Elli Aidini Richard Gunn Pacific Pearl Co Limited v Osios David Shipping Inc [2022] EWCA Civ 798 The Court of Appeal (“CA”) has overturned the decision of Justice...
6/13/2022 2:18:47 PM EU sixth package of sanctions against Russia By Leigh Hansson Katherine Stavis On June 3, 2022, the European Union Council adopted a sixth package of sanctions against Russia, which will phase-out the import of...
3/30/2022 4:52:27 PM Solving the ‘possession’ problem – Law Commission publishes draft legislation for the legal recognition of electronic trade documents By Sofia Papaspyropoulou Nick Austin In our October 2021 blog “Possession as we (don’t) know it!”, we discussed the existing position under English law in respect of...
2/22/2022 11:47:51 AM COVID related off-hire decisions from the LMAA By Jeb Clulow William Young Matthew Knowles The COVID pandemic has impacted nearly every aspect of global commerce, and the shipping industry is no exception having experienced...
2/8/2022 12:14:33 PM To what are “subjects” subject? By Sally-Ann Underhill Gaby Sweidan Lianjun Li Anja Cheng Lauren Wylie +2 more... Show less In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm), DHL (“Charterers”) succeeded in an application...
2/4/2022 11:53:45 AM Expecting the unexpected – BIMCO releases force majeure clause By Nick Austin Laura Hyne In light of the unprecedented challenges faced by the shipping industry in recent years, BIMCO has recently released its long-awaited...