Lloyd's Maritime Law Newsletter

Admiralty practice – Claim form – Collision between claimant’s vessel and defendant’s vessel – Negotiations between parties – Claim subject to two-year limitation period – Whether claimant’s application for extension of time should be granted

Carriage of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as unfit for human consumption – Bill of lading holder claiming damages against carrier for breach of contract of carriage – Title to sue – Whether property passed to claimant on transfer of bill of lading – Whether claimant entitled to rely on “buyer in possession” exception to nemo dat quod non habet rule – Whether carrier’s breach caused claimants’ loss

Contract – Death benefits – Crew member disappearing at sea – Employer forming opinion that death was suicide and death benefits not payable on basis that death resulted from “wilful default” – Whether employer misdirected itself in law – Whether employer’s opinion reasonable

Practice – Service out of jurisdiction – Anti-suit injunction – Charterers bringing proceedings in Turkey against owners’ P&I Club – Club cover providing for London arbitration – Whether court had jurisdiction to grant anti-suit injunction – Whether Turkish proceedings vexatious and oppressive – Whether injunction should be continued

Carriage of goods by sea – Consignments of bagged coffee beans in containers carried on LCL/FCL terms – Cargo found to be damaged by condensation – Temporal scope of Hague Rules – Burden of proof – Whether damage inevitable – Whether carrier failed properly and carefully to load and carry the goods