Lloyd's Maritime Law Newsletter

Marine insurance – Time policy – Vessel suffering ingress of seawater in bowthruster room causing damage to engine – Whether insured forfeited claim by employment of fraudulent devices

General average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment of ransom – Whether expenses incurred by shipowner during period of negotiations allowable in general average – Whether cost of bunker consumption an “expense”

Carriageof goods by sea - Container demurrage - Consignee not collecting containerisedgoods from discharge port - Containers remaining at discharge port more thanthree years after discharge - Carrier claiming container demurrage from shipper - Whether carrier required to nominate place for redelivery - Whether carrierunder duty to mitigate - Whether contract frustrated - Whether carrier entitledto continuing demurrage

Practice – Declaratory relief – Claimant asserting existence of contract containing London arbitration clause – Claimant issuing claim in High Court seeking declaration that binding arbitration agreement existed – Whether claim should be struck out

Charterparty – Cost of surveyor’s attendance on de-bunkering – Cost of crane hire – Short loading – Underperformance – Breach of warranty re Suez Canal NRT – LMAA Small Claims Procedure

Charterparty – Vessel rejected at loading port for unclean holds – Charterparty providing for owners to clean holds at their expense and for notice of readiness to be re-tendered – Whether owners in breach of charter – Whether owners liable to pay carrying charges

Limitation of liability – Contracting out – Whether shipowners entitled to contract out of statutory right of limitation under 1976 Convention – Whether parties did in fact agree to exclude owners’ right to limit liability