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Shipping E-Brief October 2016

19.10.2016 Shipping

Paul Herring

Paul Herring Chairman

The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

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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 

Joe O'KeeffeThe Supreme Court removes one deterrent to fraudulent insurance claims 

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. 

Evangelos CatsambasLiability for underperformance caused by fouling due to Charterers’ orders

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.

CarrierHow long can a carrier clam demurrage for unreturned containers?

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. 

Can an ownerCan an owner accidentally lose the right to limit liability?

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. 

Drug smugglingCourt of Appeal considers insurance cover following vessel’s confiscation for drug smuggling

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.

Piracy attackCourt of Appeal on recoverability in General Average of expenses associated with piracy attack

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. 

Chris KiddThe importance of causation in a shipbuilding context

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. 

Foreign courtForeign court jurisdiction: what amounts to submission?

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.

Article authors:

Paul Herring

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