Lloyd's Maritime Law Newsletter

Contract – Consensus ad idem – Whether parties concluded contract of carriage – Whether document headed “Letter of Intent” was a contract – Arbitration – Jurisdiction

Tort – Marine conservation charities alleged to have used vessel to attack claimant’s bluefin tuna cages in Mediterranean Sea pursuant to Operation Blue Rage – Claimant suing US charity, UK charity and master of attacking vessel – Whether UK charity legally responsible for conduct of attack – Whether attack carried out pursuant to common design

Carriage of goods by sea – Title to sue – Whether confirming bank became lawful holder of bills of lading – Whether bank accepted delivery of bills – Meaning of “delivery” – Cause of delivery - Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a)

General average – Lien – Owners exercising lien over cargo for general average contribution – Owners accepting insurers’ guarantee in respect of one portion of cargo – Cargo receivers refusing to provide general average bond – Whether owners’ acceptance of insurers’ guarantee had effect to discharge lien – Whether owners entitled to recover costs of storing liened cargo

Arbitration - Jurisdiction - Parties concluding "Ship Repair Fleet Agreement" - Whether Fleet Agreement incorporated arbitration clause in shipyard's GeneralConditions - Whether implied term based on prior course of dealing

Charterparty – Renunciation – Time charterers renunciating charterparty by failing to pay hire – Whether owners affirmed charter – Whether charterers continued to renounce charterparty

Criminal law – Offence of endangering safety of others – Collision in buoyed channel leading to loss of life – Prosecution brought against master of one vessel and senior pilot of other vessel – Whether offence of absolute liability – Appeals against conviction – Whether “proviso” should be applied – Shipping and Port Control Ordinance, section 72 and Criminal Procedure Ordinance, section 83