‘In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive total loss (“CTL”).’
4 New Square, 21st February 2018
Source: www.insurancelaw.london
‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’
Courts and Tribunals Judiciary, 2nd November 2017
Source: www.judiciary.gov.uk
‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’
UK Constitutional Law Association, 31st May 2017
Source: ukconstitutionallaw.org
‘The Jill Poole Memorial Lecture by the Lord Chief Justice: Keeping commercial law up to date.’
Courts and Tribunals Judiciary, 16th May 2017
Source: www.judiciary.gov.uk
‘The rare simultaneous occurrence of two otherwise common events was an ‘abnormal occurrence’, which did not put the charterers of a ship which ran aground in port in breach of the ‘safe port’ warranty they gave to the owners.’
OUT-LAW.com, 11th May 2017
Source: www.out-law.com
‘Lying on an insurance claim should not necessarily invalidate it, the Supreme Court has said, in a judgement likely to affect all household policies.’
BBC News, 20th July 2016
Source: www.bbc.co.uk
‘The supply of “bunkers” of marine fuel on credit for immediate use was not governed by the 1979 Sale of Goods Act, leaving the shipping company in debt to the bank which has taken over the liabilities of the insolvent bunker supplier, the UK’s highest court has confirmed.’
OUT-LAW.com, 12th May 2016
Source: www.out-law.com
‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’
OUT-LAW.com, 8th January 2016
Source: www.out-law.com
‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’
WLR Daily, 15th July 2015
Source: www.iclr.co.uk
‘What does the law say about commercial ship captains’ duty to help those they find in distress at sea? Captain Andy Lewington explains how he, and his 18 man crew, took aboad more than 400 migrants in the seas north of Tripoli earlier this year. And Stephen Fietta a lawyer at Volterra Fietta, explains the legal position.’
BBC Law in Action, 2nd June 2015
Source: www.bbc.co.uk
‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’
WLR Daily, 21st October 2014
Source: www.iclr.co.uk
Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440
‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217; [2014] WLR (D) 113
‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
A shipowner was entitled (1) to refuse to deliver up cargo covered by a bill of lading to the consignee under that bill, in exercise of its lien for general average contribution for that cargo, notwithstanding receipt of an unlimited guarantee from the insurers of the cargo undertaking in consideration of delivery to pay any general average contribution due in respect of the cargo; and (2) to recover storage and other expenses incurred by it in exercising its lien after the cargo was discharged from the vessel.
WLR Daily, 7th June 2013
Source: www.iclr.co.uk
“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”
UK Human Rights Blog, 10th April 2013
Source: www.ukhumanrightsblog.com
“A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do.”
WLR Daily, 27th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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