Lloyd's Maritime Law Newsletter

Sale of goods – Contracts for sale of Ukrainian feed corn – Ukrainian government issuing export quota restrictions – Whether sellers discharged from liability to perform contracts – GAFTA Prohibition Clause

Admiralty – Jurisdiction – Surrogate ship – Plaintiff bringing arbitration proceedings against shipbuilder alleging defects in construction of plaintiff’s vessel – Plaintiff filing action in rem against surrogate ship – Plaintiff’s ship under construction and not yet launched when causes of action arose – Whether plaintiff entitled to arrest surrogate ship

Charterparty – Part cargo of condensed molasses soluble – Whether owners precluded from loading completion cargo of same product – Whether charter should be rectified – Whether owners in breach of charterparty – Damages – Charterers having difficulty in establishing quantum of loss – Whether charterers entitled to account of profits – Whether charterers entitled to Wrotham Park damages

Charterparty – Guarantee – Owners claiming damages against guarantor following repudiatory breach by charterers – Whether guarantee enforceable – Whether brokers had authority to conclude guarantee – Whether guarantee in writing – Whether guarantee signed by guarantor – Whether guarantor in breach – Quantum of damages

Carriageof goods by sea - Bill of lading - Notify party obtaining delivery of cargo by presenting endorsed and signed non-negotiable copy of bill of lading - Notify party not entitled to delivery - Whether notify party liable under Australian Consumer Law for misleading and deceptive conduct - Whether notify party liable in conversion - Whether notify party liable for breach of implied contract

Charterparty - BPVOY3 form - Laycan provisions - Charterers giving revised nomination of first loading port - Whether charterers' right to cancel survived re-nomination

Admiralty jurisdiction – Claimant ship management company alleging breaches of management agreement and of articles of association – Claimant bringing in rem claims to provide security – Whether defendants entitled to submit to jurisdiction in respect of ship management claims – Whether court had jurisdiction to hear articles of association claims

Carriage of goods by sea – Lien – Carrier seeking to exercise lien on cargo for non-payment of freight – Whether carrier had contractual lien