Lloyd's Maritime Law Newsletter

Charterparty - Safe port warranty - Vessel becoming total loss after leaving port of Kashima, Japan during severe gale - Whether Kashima was a safe port - Whether hull insurers entitled to bring subrogated claim against demise charterers for value of vessel

Charterparty - In-transit loss - Vessel carrying cargo of oil from Abidjan to Lagos - Vessel seized by pirates - Pirates transferring cargo from vessel - Whether transferred cargo constituted "in-transit loss" - Whether owners strictly liable for lost cargo

Admiralty jurisdiction - Balance of account - Ship manager bringing in rem claim against demise charterers for balance of account - Plaintiff subsequently serving Further and Better Particulars stating that claim was in respect of bunker costs - Appropriation of payments - Whether claim within admiralty jurisdiction of High Court

Charterparty - Identity of parties - Charterers contending that counterparty was registered owner of vessel - Registered owner denying it was a party - Charter fixed by agent - Owners described in charter as "disponent owners" - Whether phrase "disponent owners" capable of referring to agents - Whether agents had authority to act on behalf of registered owners - Whether agents in breach of implied warranty of authority

Tort - Accessory liability - Marine conservation charity alleged to have used vessel to attack claimant's bluefin tuna cages - Claimant suing US charity, UK charityand 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 – Bill of lading contract providing for freight payable “as per charterparty” – Owners bringing claim against shippers for balance of freight due under head charter – Whether bill of lading incorporated head charterparty terms – Whether shippers entitled to rely on section 3(1) of English COGSA 1992 – Whether English law applied – Whether owners failed to exercise due diligence – Whether tribunal had jurisdiction to determine dispute

Demurrage – Time bar – Charterparty providing that demurrage claim should be presented with all supporting documentation within 90 days of the completion of discharge – Whether claim time-barred

Charterparty - NYPE form - Vessel sustaining damage to hull and cargo hold when departing discharge berth - Vessel subsequently delayed in getting into berth at next loading port - Whether vessel off-hire - Whether demurrage/despatch due to/from charterers under voyage sub-charter - Whether notices of readiness valid - Whether vessel an arrived ship - Whether charterers had claims against sub-charterers for detention of vessel - Whether hull damage precluded charterers from claiming against sub-charterers - Whether owners liable for consequential loss of time - Whether hull damage constituted breach of charter by owners in failing to make whole reach of vessel available to charterers or in failing to prosecute voyage with utmost despatch or comply with charterers' orders

Carriage of goods by sea – Container demurrage – Consignee not collecting containerised goods from discharge port – Containers remaining at discharge port more than three years after discharge – Carrier claiming container demurrage from shipper – Whether carrier required to nominate place for redelivery – Whether carrier under duty to mitigate – Whether carrier had legitimate interest in keeping contracts of carriage in force after unaccepted repudiatory breach by shipper

Sale of goods (fob) – Buyer rejecting cargo of milling wheat in bulk – Whether buyer entitled to reject goods – Whether buyer’s nomination of superintending surveyor contractually compliant – Whether buyer entitled to reject goods in absence of contractually compliant quality certificate

Marine insurance - Pirates taking over vessel and causing explosion - Whether vessel a constructive total loss - Whether owners had lost right to claim for a CTL by selling vessel - Measure of indemnity recoverable for a partial loss - Whether owners entitled to indemnity for loss of hire - Sue and labour expenses

Charterparty - Contract of affreightment - Damages - Charterer failing to nominate shipments - Owner accepting charterer's conduct as wrongful repudiation - Owner bringing proceedings in England claiming damages - Charterer bringing proceedings in India in breach of English jurisdiction clause - Measure of damages recoverable by owner