In a recent judgment (The THORCO LINEAGE)1 the English High Court has considered how limitation should be calculated in respect of cargo claims under the Hague Visby Rules. Limitation under the Hague-Visby Rules Article IV r.5(a) of the Hague-Visby Rules Read more…
There has, observed the Court of Appeal the recent case of Candey v Bosheh1, been something of an avalanche of claimants in recent years trying to show that the contract in dispute is a “relational contract”, thereby bringing with it Read more…
” Owing to the outbreak of hostilities it is now quite evident that the delivery of the machines on order … cannot take place. Under the circumstances we shall be obliged if you will kindly arrange to return our initial Read more…
In its judgment in Alize 1954 v Allianz Elementar Versicherungs A G (the CGM LIBRA)[1], the UK Supreme Court has considered the obligation of a carrier under the Hague Rules to exercise due diligence to make a vessel seaworthy. The Read more…
In the recent judgment of K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “ETERNAL BLISS”)[1] the UK Court of Appeal has held that demurrage is an exclusive remedy that covers all consequences of a charterer’s failure to Read more…
It is rare for cases involving the International Regulations for Preventing Collisions at Sea 1972 as amended (“the Collision Regulations”) to come before the UK Supreme Court. The last case to be considered by the House of Lords (the predecessor Read more…
Halliburton Company v Chubb Bermuda Insurance Ltd In a recent judgment[1] the UK Supreme Court has provided useful guidance on the law relating to allegations of arbitral bias and the duty of an arbitrator to disclose multiple appointments. The issues Read more…
– Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant)[1] The UK Supreme Court has delivered an important decision on the correct approach for determining the proper law of an arbitration agreement when the law applicable to Read more…
The subject of good faith in commercial contracts under English law has been considered by the courts in a number of judgments in recent years. (see our previous articles Good faith and the exercise of discretion in contracts and Good Read more…
The United Kingdom Supreme Court has issued a landmark decision that provides authoritative comment on the burden of proof in marine cargo claims. This decision is likely to assist cargo interests in pursuing future claims. The Facts The claimants were Read more…