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Our October 2016 edition of the Shipping E-Brief is full of articles dealing with topical shipping issues.
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Shipping E-Brief October 2016 articles
In a landmark decision that is highly significant for insurers, the Supreme Court has ruled that lies in support of a genuine insurance claim will not affect the claim.
In considering whether owners are in breach of a continuing performance warranty, it is no defence for owners to show that the underperformance has been caused by underwater fouling resulting from the charterers’ employment orders.
The Court of Appeal has confirmed that a carrier cannot claim demurrage for unreturned containers indefinitely. In this case, the contract of carriage had been frustrated by delay and the Carrier could only claim demurrage up to the point of termination.
The Privy Council has confirmed that a shipowner can contract out of his right to limit liability under the 1976 Convention, although the intention to do so must be clearly demonstrated.
The Court of Appeal has held that war risk insurers were not liable for the total loss of a vessel that was confiscated by the authorities after cocaine was found strapped to her hull.
This case, the first time that the English Court has considered the application of Rule F of the 1974 York Antwerp Rules, is of practical interest to all those dealing with General Average.
In this case, the Court held that the shipyard was in breach of contract but that its breaches did not cause the losses suffered by the Owners of the cruise ship.
In a cargo claim dispute, the English Court has held that the Owners of the Vessel had not submitted to the jurisdiction of the Moroccan Court and could seek a declaration of non-liability in England.