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Lloyd's Maritime Law Newsletter

Volcafe Ltd and Others v Compania Sud Americana de Vapores SA – Supreme Court (Lord Reed DP, Lord Wilson, Lord Sumption, Lord Hodge and Lord Kitchin JJSC) – 5 December 2018

Carriage of goods by sea – Burden of proof – Cargo of containerised bagged coffee beans found to be damaged by condensation – Inherent vice – Whether carrier failed properly and carefully to load and carry the goods
Online Published Date:  07 December 2018
Appeared in issue:  1018 - 07 December 2018

The "Nur Allya" – Singapore High Ct (Navin Anand AR) [2018] SGHCR 12 – 16 August 2018

Admiralty practice – Service of writ – Collision actions – Plaintiffs issuing writs timeously but failing to serve them within 12 months – Whether plaintiffs entitled to orders extending validity of writs – Relevance of settlement negotiations – Maritime Conventions Act 1911, section 8 – Rules of Court (Cap 322, R5, 2014 Rev Ed), O 6 r 4
Online Published Date:  07 December 2018
Appeared in issue:  1018 - 07 December 2018

Mount Isa Mines Ltd v The Ship "Thor Commander" – Fed Ct of Australia (Rares J) [2018] FCA 1326 – 29 August 2018

Carriage of goods by sea – Engine breakdown – Whether carrier in breach of contract of carriage – Whether contract of carriage was charterparty or bill of lading – Whether vessel was in need of salvage – Whether salvage settlement was reasonable – Whether cargo interests entitled to recover transhipment costs – Whether cargo interests liable to contribute in general average
Online Published Date:  07 December 2018
Appeared in issue:  1018 - 07 December 2018

Singapore Arbitration 4/18

Sale and purchase of vessel – Saleform 2012 – Tendering notice of readiness without letter of non-encumbrance – Term or condition
Online Published Date:  19 December 2018
Appeared in issue:  1019 - 19 December 2018

NatWest Markets plc v Stallion Eight Shipping Co SA (The “Alkyon”) – Court of Appeal (Sir Terence Etherton MR, Gross and Flaux LJJ) [2018] EWCA Civ 2760 – 11 December 2018

Admiralty practice – Arrest of vessel by mortgagee – Shipowner applying for order releasing vessel from arrest unless mortgagee provided cross-undertaking in damages – Whether cross-undertaking should be imposed as condition of release
Online Published Date:  19 December 2018
Appeared in issue:  1019 - 19 December 2018

The "Swiber Concorde" – High Ct (Pang Khang Chau JC) [2018] SGHC 197 – 7 September 2018

Admiralty practice – Abortive sale of arrested vessel – Vessel subsequently sold – Whether deposit forfeited on abortive sale to be treated as part of proceeds of sale
Online Published Date:  19 December 2018
Appeared in issue:  1019 - 19 December 2018

Warner v Scapa Flow Charters – Supreme Court (Lade Hale PSC, Lord Reed DPSC, Lord Sumption, Lord Hodge and Lord Briggs JJSC) [2018] UKSC 52 – 17 October 2018

Practice – Limitation of time – Death of passenger on chartered vessel – Widow bringing action in negligence against charterers on behalf of dependant minor son – Whether claim time-barred – Athens Convention 1974, article 16(3) – Prescription and Limitation (Scotland) Act 1973, section 18
Online Published Date:  19 December 2018
Appeared in issue:  1019 - 19 December 2018

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