i-law

Lloyd's Maritime Law Newsletter

Poralu Marine Australia Pty Ltd v MV Dijksgracht – [2022] FCA 1038, Federal Court of Australia, (Justice Stewart) – 6 September 2022

Contracts (carriage of goods by sea) – Applicable limitation regime – Formation – Fixture recap emails – Booking note – Sea waybill subsequently issued – Whether contract in emails or booking note – Whether sea waybill superseding prior concluded contract – Hague Rules – Australian Hague Rules – Hague-Visby Rules – Himalaya Clause
Online Published Date:  11 November 2022
Appeared in issue:  1120 - 11 November 2022

London Arbitration 32/22

Charterparty – Deductions from hire – Speed and consumption – Meaning of “good weather and smooth sea” – Methodology – Evidence of weather – Effect of favourable currents – Whether weather routing company’s report final
Online Published Date:  11 November 2022
Appeared in issue:  1120 - 11 November 2022

Argentum Exploration Ltd v The Silver and All Persons claiming to be interested in and/or to have rights in respect of, the Silver (The SS Tilawa) – [2022] EWCA Civ 1318, Court of Appeal (Popplewell, Andrews and Elizabeth Laing LJJ) – 11 October 2022

Salvage – Sovereign immunity – Salvaged silver bars – Customary international law – Meaning of phrase “in use or intended for use for commercial purposes” in relation to cargo – Meaning of “wreck” – Powers of Receiver of Wreck – State Immunity Act 1978, sections 10 and 13 – Merchant Shipping Act 1995, sections 236 and 239
Online Published Date:  25 November 2022
Appeared in issue:  1121 - 25 November 2022

Ceto Shipping Corporation v Savory Shipping Inc (The Victor 1) – [2022] EWHC 2636 (Comm), King’s Bench Division, Commercial Court (Mr Justice Andrew Baker) – 21 October 2022

Charterparty (bareboat) – Hire paid under fixed-term charterparty – Title to transfer at end of charterparty provided hire and fees to ship manager paid – Where sums disputed by charterer in good faith – Barecon 2001
Online Published Date:  25 November 2022
Appeared in issue:  1121 - 25 November 2022

Standard Chartered Bank (Singapore) Ltd v Maersk Tankers Singapore (Pte) Ltd; Winson Oil Trading Pte Ltd intervening – [2022] SGHC 242 High Court of Singapore (Justice Ang Cheng Hok) – 27 September 2022

Carriage of goods by sea – Discharge of cargo without presentation of bills of lading – Bank issuing letter of credit to purchaser – Misdelivery – Summary judgment – Whether carrier had triable defence – Whether Bank consented to discharge without bills of lading – Causation
Online Published Date:  25 November 2022
Appeared in issue:  1121 - 25 November 2022

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