Lloyd's Maritime Law Newsletter

Company law – Winding up – Charterers asserting right to wind up shipowning company for failure to pay charterparty freight – Whether shipowners entitled to declaration and injunction restraining charterers from presenting winding-up application

Practice – Judgment – Recognition – Carriage of goods – Exclusive Iceland jurisdiction clause in bill of lading – Whether courts of one member state bound to recognise judgment of another member state determining that clause conferred exclusive jurisdiction on non-member state – Whether relevant that judgment was procedural in nature – Council Regulation (EC) No 44/2001, articles 32 and 33

Carriage of goods by sea – Cargo damaged by improper stowage – US COGSA – Hague-Visby Rules – Whether vessel a COGSA “carrier” – Whether owners entitled to rely on “free-in-and-out” provision in voyage charterparty

Carriage of goods by sea – Cargo damage – Deterioration in cargo following delay caused by engine breakdown – Whether vessel unseaworthy at commencement of voyage – Whether shipowners failed to exercise due diligence – Whether breach of obligation to proceed with all convenient speed – Quantum of damages

Sale of goods (CFR) – Demurrage – Whether laytime suspended when carrying vessel forced to leave berth during discharge – Whether sellers entitled to damages for loss of earnings – Whether sellers liable for short-delivery of goods

Charterparty – Ship-to-ship transfer – BPVOY4 form - Whether charterparty precluded transfer from VLCC to VLCC – Whether owners unreasonably withheld consent to transfer to VLCC

Charterparty - Frustration - Vessel damaged in course of time-chartered service - Cost ofrepairs exceeding sound market value of vessel - Charter requiring owners toinsure vessel - Insured value exceeding cost of repairs - Whether charterfrustrated

Practice – Disclosure of documents – Whether plaintiff should produce documents referred to in pleading