Lloyd's Maritime Law Newsletter

Admiralty practice – Arrest of vessel – Vessel in dead-ship status and not crewed – Plaintiff applying for alternative service of writ and arrest warrant by email – Whether normal rules for service should be waived

Practice – Further information – Claimants ordered to provide information in support of quantum claim in collision action – Whether claimants complied with order – Whether claim should be struck out for non-compliance – Whether claimants should be granted relief from sanctions – Whether claimants should give disclosure of anonymised payroll documentation

Limitation of liability – Plaintiff shipowners seeking to constitute limitation fund – Defendants not contesting entitlement to limit – Fund constituted by letter of undertaking – Appropriate post-constitution interest rate and costs order

Arbitration – Award – Enforcement – Consent award providing for payment of sums by defendant – Claimant applying to enforce award pursuant to section 66 of the Arbitration Act 1996 – Defendant raising issues of construction of award and relying on variation and estoppel arguments – Court making determinations of fact and law – Whether claimant entitled to enforce award

Admiralty practice – Interlocutory relief – Cargo claim – Plaintiff cargo interests applying for orders allowing nominated marine surveyor to be given access to vessel to investigate circumstances of cargo loss and for defendants to give all reasonable assistance to such surveyor – Whether plaintiff entitled to relief sought.

Practice – Anti-suit injunction – Disputes arising under contract containing arbitration clause – Defendant commencing arbitration in London – Defendant bringing foreign court proceedings for interim relief – Defendant subsequently bringing further foreign court proceedings for substantive relief – Defendant maintaining that substantive proceedings were required in order to preserve interim relief previously obtained – Claimant applying for anti-suit injunction to restrain the substantive proceedings – Whether good reason for not granting anti-suit injunction – Whether court’s approach should be different in non-ship arrest cases

Limitation of liability – Practice – Plaintiff shipowners constituting limitation fund by deposit of letter of undertaking in court – Plaintiffs settling claims brought against fund – Plaintiffs applying for return of letter of undertaking and other relief – Form of relief to be granted

Contract – Contracts for disposal of marine slop and sale of recycled fuel oil – Terms of contract – Whether defendant liable for failure to pay plaintiff’s invoices – Whether plaintiff in breach of contract – Whether defendant entitled to set-off – Whether clause providing for 18 per cent interest on late payment a penalty clause – Whether directors of defendant liable under guarantee – Whether defendant in breach of bareboat charterparty – Whether fraudulent representation