Lloyd's Maritime Law Newsletter

Charterparty – Speed and consumption warranties – Whether allowance should be made for “about” – Whether “good weather” qualification in pro forma charterparty expressly incorporated – Whether performance warranties subject to implied “good weather” qualification

Charterparty – Deadfreight – Mate’s receipts and bills of lading not reflecting actual quantity of cargo loaded – Time charterers thereby losing ability to earn freight under voyage sub charter – Whether owners in breach of time charter – Whether charterers liable for cost of replacing hoisting wire allegedly damaged by stevedores at first discharge port – Whether master negligent in signing Statement of Facts at second discharge port – Bunkers on redelivery – Appropriate margin for “about”

Practice – Conflict of laws – Bills of lading containing exclusive French jurisdiction clause – Carrier bringing proceedings in France seeking payment of demurrage and storage charges from freight forwarder – Freight forwarder bringing proceedings in Canada for negative declaration – Whether Canadian proceedings should be stayed – Whether freight forwarder bound by bill of lading

Marine insurance – Reinsurance – Typhoon warranty – Vessel sailing from Manila when typhoon warning in force – Vessel sinking as result of Typhoon Frank – Whether insurers in breach of typhoon warranty

Carriage of goods by sea – Contract relating to transportation of truck on barge by water in Canada – Truck toppling off barge – Truck owner suing owners and master of tug in negligence – Whether Hague-Visby Rules applied to contract – Whether action subject to one-year time-bar – Marine Liability Act 2001, section 43(2)