Update | English High Court Judgement of Fimbank Plc -v- KCH
This is an update on the English High Court judgement of Fimbank Plc -v- KCH. The High Court decided that…
MSC Flaminia – Charterers not entitled to limit liability
The Court of Appeal affirmed the High Court decision that charterers cannot limit liability in connection with claims brought by…
Smart Gain Shipping Co Ltd and Langlois Enterprises Ltd – The Globe Danae
Where hull cleaning was “always” at charterers’ time and expense, charterers’ obligation to clean survived redelivery and owners were entitled…
Tribunal Awards Owners’ Damages for Loss of Repositioning Fixture and Ballast Voyage to Drydock Following Late Redelivery
The recent London Arbitration 1/23 reminds us that bespoke clauses incorporated in time charters may allow owners to recover damages
THE THORCO LINEAGE, A CHANGE OF TUNE ON ECONOMIC DAMAGE TO GOODS UNDER THE HAGUE VISBY RULES
This case concerns the meaning of “loss or damage to or in connection with the goods” under Article IV r5(a)
New Court Judgment on The Application of The One Year Time Bar to Claims for Misdelivery of Cargo After Discharge
Fimbank plc-v-KCH Shipping (2022)ECWH 2400 is an important judgment by the English Commercial High Court where it has been held…
MISDELIVERY CLAIM DISMISSED FOLLOWING LACK OF TITLE TO SUE
A bill of lading serves three main functions: it is evidence of the terms of the contract of carriage, proof…
THE “DIVINEGATE”
The High Court confirmed that the ‘good weather method’ is the conventional method for measuring speed and performance. The ‘good…
THE “MT STENA PRIMORSK”
Although “fault” on the part of the vessel need not be actionable in order to stop the running of laytime…
THE “TAI PRIZE”: PERMISSION TO APPEAL REFUSED BY SUPREME COURT.
The Supreme Court has refused permission to appeal in Priminds Shipping (HK) Co Ltd v Noble Chartering Inc (The “Tai…