Lloyd's Maritime Law Newsletter

Sale of ship – Claimants purchasing yacht from first company – Defects appearing shortly after delivery – Second company agreeing to carry out repairs in return for claimants’ agreement that yacht could be shown at Annapolis Boat Show – Repairs not carried out – Whether both companies liable for breaches of contractual and statutory warranties – Measure of damages

Demurrage – Time-bar – Claim to be presented with all supporting documents within 90 days of discharge – Meaning of “supporting documents” – Whether all supporting documents had to be supplied at same time as claim – Whether demurrage claim time-barred

Arbitration – Award – Enforcement – Whether award “suspended” by competent authority – Whether non-disclosure on application for enforcement – Liability for costs of enforcement proceedings – Arbitration Act 1996, section 103(2)(f)

Negligence – Package holiday – Plaintiff sustaining personal injury in course of “White Knuckle Jet Boat Thrill Ride” – Whether cruise line operator and travel agent liable – Package Holidays and Travel Trade Act 1995, section 20

Sale of goods – Sale of gasoil – Contract providing for delivery in July 2014 and for payment before discharge of cargo – Price based on Platts average list prices for July 2014 – Parties agreeing to postpone delivery until September 2014 – Change in Platts list pricing between July and September 2014 – Whether contractual price moved with delivery period – Whether contract varied to similar effect

Europeanlaw – Jurisdiction – Plaintiffs bringing action in Italy for damages in tort againstItalian classification societies operating on behalf of Republic of Panama – Defendantscontesting jurisdiction and relying on principle of state immunity – Whether Italiancourt had jurisdiction to hear claims pursuant to Regulation (EC) No 44/2001

Contract – Implied terms – Claimants serving notices terminatingappointment of defendant as Operator of oil and gas field blocks in North Sea –Whether claimants obliged to justify decision to terminate – Whether contract containedimplied term that claimants would act in good faith

Carriage by air – Montreal Convention – Passenger injured after spillage of cup of coffee placed on tray table of seat – Whether “accident” within meaning of article 17(1)