Lloyd's Maritime Law Newsletter

Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability under Limitation Convention 1976

Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence

Practice – Costs – Quantification

Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Charterers requesting discharge of cargo without production of bills of lading – Cargo discharged to receiver nominated by charterers – Whether production of identification of receiver condition precedent to triggering of charterer’s obligations under LOI – Whether charterers in breach of LOI – Whether disponent owners entitled to mandatory injunction and damages

Practice – Security for costs – Charterers bringing speed and consumption counterclaim – Charterers failing to comply with tribunal’s order to provide security for costs – Whether counterclaim should be dismissed

Charterparty – Deductions from hire – Whether charterers made deductions in good faith and on reasonable grounds

Charterparty – Hold cleaning – Whether vessel off-hire during hold cleaning – Covid-19 pandemic – Whether vessel off-hire due to alleged crew sickness

Charterparty – Covid-19 pandemic – Master insisting that pilots at discharge port take temperatures with mercury thermometer before embarking on vessel – Pilots refusing to comply – Vessel consequently missing berthing slot and incurring delay – Whether vessel off-hire – Whether “default” of officers or crew – Whether vessel “put back” by reason of master’s failure to perform duties in breach of charter – Whether hire suspended or owners in breach of charter

Charterparty – Dunnage removal – Charterers having option to redeliver vessel with clean holds against lumpsum payment but dunnage removal to be for charterers’ account – Dunnage not removed from vessel’s deck prior to redelivery – Whether charterers responsible for time and expense incurred by owners in removing materials to cross-deck – Measure of damages recoverable by owners