Lloyd's Shipping & Trade Law

Broadgrain Commodities Inc v Continental Casualty Co [2017] ONSC 4721 A case from the Ontario Superior Court of Justice illustrates the practical implications on cargo insurance of the Canadian Supreme Court’s adoption of the economic interest test in Kosmopoulos.

AP Møller-Maersk A/S, trading as “Maersk Line” v Kyokuyo Ltd [2018] EWCA Civ 778The facts The respondent Kyokuyo claimed as the receiver of three container loads of frozen tuna shipped at Cartagena in Spain for carriage by the appellant Maersk Line to Japan.

The freedom of navigation is one of the fundamental freedoms enshrined in the United Nations Convention on the Law of the Sea (“UNCLOS”).1 It is set out in UNCLOS articles 58(1) and 87(1)(a), and is recognised under customary international law. A consequence of this freedom is the right to protest at sea, analysed here.