Lloyd's Maritime Law Newsletter

Charterparty – Voyage charter – Owners complying with charterers’ orders not to load cargo – Whether owners entitled to recover expenses incurred in complying with orders – Whether accord and satisfaction – Whether owners entitled to remuneration for performing extra-contractual service – Whether vessel at customary anchorage – Rate of remuneration

Charterparty – Demurrage – Bunkers consumed – Charterparty clause giving liberty to charterers to instruct vessel “to stop and wait for orders” in which event charterer to pay demurrage at escalated rate and value of bunkers consumed – Whether clause applied where vessel waited over 64 days at discharge port after giving notice of readiness

Practice – Costs – Defendant rejecting claimant’s Part 36 offer – Claimant beating offer at trial – CPR 36 providing for award of enhanced interest on judgment sum and on costs – Whether provisions for enhanced interest entirely compensatory

Carriage of goods by sea – Bill of lading providing for bill to be surrendered in exchange for the goods or a “Delivery Order” – Carrier providing shipper’s agents with “Release Note” containing PIN code in accordance with electronic release system in use at discharge port – Whether “Release Note” was a “Delivery Order” – Goods misappropriated – Whether carrier in breach of contract

  Practice – Service of proceedings out of the jurisdiction – Claimant diver suffering personal injuries when working off Gabon – Claimant bringing proceedings in contract and in tort against English employer and also against Gabon company – Whether Gabon company was a “necessary or proper party” – Whether permission to serve out should be set aside – Whether claim against Gabon company should be stayed on forum non conveniens grounds

Admiralty practice – Limitation of liability – Cargo lost as a result of crew members’ actions – Whether crew members’ alleged reckless conduct to be regarded as personal act or omission of shipowner so as to preclude right to limit liability

Judicial review – Conservancy charges – Whether Clyde port authority had jurisdiction to levy conservancy charges on vessel within dockyard port

Carriage of goods by sea – Parties to contract of carriage – Whether plaintiff freight forwarder concluded contracts of carriage by sea with defendant – Whether plaintiff’s standard terms and conditions incorporated in contracts – Whether airfreight invoices paid