Lloyd's Maritime Law Newsletter

Charterparty - NYPE form - Vessel sustaining damage to hull and cargo hold when departing discharge berth - Vessel subsequently delayed in getting into berth at next loading port - Whether vessel off-hire - Whether demurrage/despatch due to/from charterers under voyage sub-charter - Whether notices of readiness valid - Whether vessel an arrived ship - Whether charterers had claims against sub-charterers for detention of vessel - Whether hull damage precluded charterers from claiming against sub-charterers - Whether owners liable for consequential loss of time - Whether hull damage constituted breach of charter by owners in failing to make whole reach of vessel available to charterers or in failing to prosecute voyage with utmost despatch or comply with charterers' orders

Carriage of goods by sea – Container demurrage – Consignee not collecting containerised goods from discharge port – Containers remaining at discharge port more than three years after discharge – Carrier claiming container demurrage from shipper – Whether carrier required to nominate place for redelivery – Whether carrier under duty to mitigate – Whether carrier had legitimate interest in keeping contracts of carriage in force after unaccepted repudiatory breach by shipper

Sale of goods (fob) – Buyer rejecting cargo of milling wheat in bulk – Whether buyer entitled to reject goods – Whether buyer’s nomination of superintending surveyor contractually compliant – Whether buyer entitled to reject goods in absence of contractually compliant quality certificate

Marine insurance - Pirates taking over vessel and causing explosion - Whether vessel a constructive total loss - Whether owners had lost right to claim for a CTL by selling vessel - Measure of indemnity recoverable for a partial loss - Whether owners entitled to indemnity for loss of hire - Sue and labour expenses

Charterparty - Contract of affreightment - Damages - Charterer failing to nominate shipments - Owner accepting charterer's conduct as wrongful repudiation - Owner bringing proceedings in England claiming damages - Charterer bringing proceedings in India in breach of English jurisdiction clause - Measure of damages recoverable by owner