Lloyd's Maritime Law Newsletter

Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale within meaning of Sale of Goods Act 1979

Practice – Committal for contempt of court – Respondent company failing to honour arbitration award – Claimant obtaining freezing order including order to disclose assets – Order served on company and directors – Whether company and directors in contempt of court – Sentence

Arbitration – Serious irregularity – Inordinate delay in publishing award – Whether serious irregularity – Whether arbitrator failed to deal with issues – Whether award should be set aside

Carriage of goods by sea - Bill of lading contract providing for bill to be surrendered in exchange for the goods or a delivery order - Carrier providing computer-generated PIN code in accordance with electronic release system in use at discharge port - Whether provision of PIN code was a "Delivery Order" - Goods misappropriated - Whether carrier in breach of contract

Charterparty – Discharge pumping warranty – Whether warranty of performance or capability – Effect of breach on demurrage liability – Shellvoy 5 form Practice  – Costs – LMAA Small Claims Procedure – Effect of sealed offer

Tort - Conversion - Carrier discharging cargo into warehouse - Storage charges accruing due - Whether discharge into storage in circumstances giving rise to lien constituted tort of conversion - Whether statements alleged to have been made on behalf of carrier denying access to cargo amounted to conversion

Contract – Anticipatory breach – Bunkers supplied to vessel – Bunker supplier concerned about insolvency of shipowning group and demanding payment before contractual due date – Payment not made – Bunker supplier arresting vessel for anticipatory breach – Whether doctrine of anticipatory breach applicable to executed contracts – Whether insolvency capable of amounting to repudiatory breach