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 seaworthiness obligation is fundamental to all contract of carriage. This 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 load or discharge within the agreed laytime and there is 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 of the UK Supreme Court) was in 1976[1]. Now the 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 the owners of nine consignments of bagged green coffee beans Read more…
The English Court of Appeal has recently considered1 whether the word “act” in the phrase “act or neglect” means a culpable act in the sense of fault or whether it means any act, whether culpable or not. The question arose as a matter of construction of clause 8 of the Read more…
An ocean carrier’s liability for loss or damage to cargo is subject to limitation under the Hague Rules or Hague Visby Rules. The Hague Rules no longer have the force of law in the United Kingdom (having been replaced by the Hague Visby Rules) but remain widely used and may Read more…
The SOLAS VI regulations have been amended to require shippers to provide to the carrier or their terminal representative the “Verified Gross Mass” of any packed container prior to shipment regardless of who actually packs the container.. This amendment will come into effect on 1 July 2016. A detailed summary Read more…
Regulations for the prevention of pollution by garbage from ships are set out in Annex V of the MARPOL convention. Recent changes to Annex V came into effect on 1 January 2013 that may impact on the legal position of charterers and the shippers of cargo as well as parties Read more…