To what are “subjects” subject?
In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm), DHL (“Charterers”) succeeded in an application against Gemini (“Owners”) to set aside an arbitration award...
View ArticleCourt of Appeal overturns judgement on acceptable security in collision matter
Pacific Pearl Co Limited v Osios David Shipping Inc [2022] EWCA Civ 798 The Court of Appeal (“CA”) has overturned the decision of Justice Teare that security tendered under the Admiralty Solicitor...
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View ArticleMisdelivery claims: not an open goal for financing banks
There have been several decisions in 2022 about carrier’s defences to misdelivery claims under bills of lading. Carriers face misdelivery claims when they deliver cargo without production of original...
View ArticleTo have and to (with)hold – Fastfreight Pte Ltd v Bulk Trident Shipping Ltd...
Can Charterers withhold hire without Owners’ consent, even if the vessel was off hire on the hire due date and where they had agreed deductions from hire would not be allowed without Owners’ written...
View ArticleHong Kong team takes novel LLMC case to Court of Final Appeal
Introduction In Perusahaan Perseroan (Persero) Pt Pertamina v Trevaskis Ltd and Others [2023] HKCFA 5, the Appeal Committee of the Court of Final Appeal (“CFA”), upon hearing submissions from both...
View ArticleThe Eternal Bliss – Court of Appeal has the final say
The question of whether demurrage liquidates all or just some of the damages arising from a charterer’s breach in failing to complete cargo operations within the laytime will no longer be decided by...
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