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London Arbitration 15/21

Online Published Date : 21 May 2021 | Appeared in issue: 1082 - 21 May 2021

Demurrage – Fixture recap incorporating charterparty – Fixture recap also incorporating berth operator’s rules – Charterparty and berth operator’s rules providing for different regimes for commencement of laytime – Whether commencement of laytime governed by charterparty terms or by berth operator’s rules

Begum v Maran (UK) Ltd – Court of Appeal (Bean, Coulson and Males LJJ) [2021] EWCA Civ 326 – 10 March 2021

Online Published Date : 21 May 2021 | Appeared in issue: 1082 - 21 May 2021

Practice – Summary judgment – Duty of care – Bangladeshi worker suffering fatal accident in course of demolition of vessel in Bangladeshi shipyard – Widow bringing action in negligence against English company responsible for selling vessel for scrap – Defendant applying for reverse summary judgment on basis that no arguable duty of care was owed – Whether arguable that defendant owed duty of care – Whether claim time-barred under Bangladeshi law – Whether claim should be struck out