Lloyd's Shipping & Trade Law

The Supreme Court’s judgment in The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] Lloyd’s Rep IR 63 (the “FCA test case”) restates the law of causation, introducing refinements to the conventional rules of causation appropriate to the special circumstances of the Covid-19 pandemic. The issue considered in this article is whether these refinements clarify, or further complicate, an already complex area of the law.

Avoidance of disputes and a purposive coverage are two important aims of the standardised provisions of uniform contracts. Gencon, code named “Uniform General Charter”, is a BIMCO-recommended charterparty and a standard form contract for dry cargo voyage charters. Gencon was issued in 1922, revised in 1976 and later in 1994. The BIMCO Documentary Committee has been working in a concerted manner to finalise and launch the new Gencon within 2021.

Whose sub-freight?