Lloyd's Shipping & Trade Law

Demurrage and sale contractsThis case revolved around whether demurrage provisions, including ancillary provisions, had been incorporated into a sale contract and if so, whether the claimant seller’s demurrage claims were time-barred by reason of an incorporated demurrage time-bar provision and whether the demurrage provision operated by way of indemnity or as an independent obligation.

In Mamancochet Mining Ltd v Aegis Managing Agency Ltd and Others [2018] EWHC 2643 (Comm); [2018] Lloyd’s Rep Plus 100 the English High Court was asked to consider the proper interpretation of the “sanction limitation and exclusion clause” in a marine cargo policy.

Bank’s liability for demurrageThis case concerned a bank’s liability for demurrage as the transferee of the bill of lading under the Carriage of Goods by Sea Act 1992.

Successive collisionsTwo collisions occurred in the early morning of 14 May 2011 near the termination of East Lamma Channel Traffic Separation Scheme (“TSS”) in Hong Kong. The first collision was between MCC Jakarta (“J”) and Xin Nan Tai 77 (“X”), and the second collision was between J and TS Singapore (“S”).

Stowage and negligence

Suspension or interruption of limitation periodThis case, originating from the Scottish courts, concerned the application of the time bar provisions in the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974.

In CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific Voyager) [2018] EWCA Civ 2413, the Court of Appeal upheld the decision of Popplewell J at first instance, but preferring the judge’s alternative reasoning.