Lloyd's Maritime Law Newsletter

Charterparty – NYPE Interclub Agreement – Shipowners compromising cargo claim brought by insurers of cargo receivers – Shipowners bringing claim against charterers for apportionment – Applicable version of Interclub Agreement – Whether shipowners’ claim was a “Cargo Claim” – Whether claim was “properly settled” – Whether shipowners entitled to 100 per cent apportionment on basis that damage was caused by inherent vice – Whether shipowners entitled to 100 per cent apportionment on basis that damage arose out of charterers’ act in loading an unstable cargo – Whether “clear and irrefutable evidence” that alleged damage was attributable to the act or neglect of either party – Whether apportionment should be 100 per cent or 50/50

Charterparty – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach –– Whether guarantor liable

Charterparty – Deviation clause entitling owners to deviate for crew change with “deviation time/bunker/costs” to be for owners’ account – Vessel proceeding to intermediate port for crew change – Vessel subsequently delayed by bad weather – Whether owners liable for additional time bunkers and costs resulting from bad weather delay – Arbitration – Practice – Costs – Whether costs of P&I Club’s in-house lawyer recoverable

Admiralty – Collision action – Crossing rule – Narrow channel rule – Apportionment of liability

Saleof goods – Contracts for sale of pulses – Buyer failing to make payment – Seller reselling goods and claiming damages for default – Assessment of market value of goods on date of default – GAFTA default clause – GAFTA 24

Charterparty– Misrepresentation – Whether owners misrepresented vessel’s fuel consumption –Whether owners in repudiatory breach of charter – Whether charterers entitledto rescind or terminate charter for misrepresentation or repudiatory breach –– Whetherguarantor liable

Saleof goods - Contracts for sale of pulses - Buyer failing to make payment - Seller reselling goods and claiming damages for default - Assessment of market value of goods on date of default - GAFTA default clause - GAFTA 24

Charterparty - Deviation clause entitling owners to deviate for crew change with "deviationtime/bunker/costs" to be for owners' account - Vessel proceeding to intermediate port for crew change - Vessel subsequently delayed by bad weather - Whether owners liable for additional time bunkers and costs resulting from bad weather delay - Arbitration - Practice - Costs - Whether costs of P&I Club's in-house lawyer recoverable

Admiralty– Collision action – Crossing rule – Narrow channel rule – Apportionment ofliability