Lloyd's Shipping & Trade Law

Sale pendente lite. The Ruby Star: the facts. This was the plaintiff's application by notice of motion for orders that the plaintiff's judgment dated 2 December 2013 did have first priority against the remaining sum held by the court in respect of proceeds of sale of the vessel Ruby Star,the bunkers thereon and the interest thereon.

Delivery orders: delivery under electronic release system. The dispute between the claimant (Glencore) and the defendant (MSC) arose when two out of three containers containing cobalt briquettes carried by MSC had gone missing. The carrier, MSC, did not issue paper delivery orders or release notes against bills of lading, but "import PIN codes".

Departing from the prima facie rule originally set out in the case of Smith v M'Guire (1858) 3 H & N 544, Males J awarded the shipowner damages for positional loss. It was held that a failure to award such damages would be contrary to the compensatory principle.

Introduction. TheSea Miror is a judgment on the extent to which the carrier may contractually exclude liability for damage to cargo during loading and discharge as against charterers and later holders of the bill of lading incorporating the charterparty. The decision of Flaux J highlights some of the difficulties in the meaning of "risk" and "responsibility" in contracts of affreightment.