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Lloyd's Maritime Law Newsletter RSS feed

Perfect Best Asset Management Inc v ADL Express Ltd – High Court (Court of First Instance) (Deputy High Court Judge Whitehead SC) [2021] HKCFI 2310 – 13 August 2021

Online Published Date : 10 September 2021 | Appeared in issue: 1090 - 10 September 2021

Carriage of goods – Combined transport – Defendant arranging for combined transport of computer accessories from Hong Kong to Finland – Cargo delivered without production of original bills of lading – Cargoes ultimately delivered to shipper’s end buyer – Whether defendant in breach of contract – Whether shipper suffered loss

Warner v Scapa Flow Charters (No 2) – Court of Session (Outer House) (Lord Sandison) [2021] CSOH 92 – 3 September 2021

Online Published Date : 10 September 2021 | Appeared in issue: 1090 - 10 September 2021

Carriage of passengers – Recreational diver falling on deck of dive support boat and subsequently dying after diving from boat – Widow bringing action for damages – Whether boat operator liable under Athens Convention, article 3(1) – Whether defect in boat – Whether fault or neglect by operator

Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J) [2021] FCA 1082 – 10 September 2021

Online Published Date : 27 September 2021 | Appeared in issue: 1091 - 27 September 2021

Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted

London Arbitration 20/21

Online Published Date : 27 September 2021 | Appeared in issue: 1091 - 27 September 2021

Charterparty – Nomination of discharge port – Charterers nominating discharge port but subsequently nominating different port – Whether subsequent nomination breach of charter – Vessel proceeding to subsequently nominated port – Whether owners entitled to freight for carriage to originally nominated port – Whether charter varied – Estoppel – Waiver – Unjust enrichment