Lloyd's Maritime Law Newsletter

Charterparty – Performance – Speed and consumption claim – Charterers relying on report of weather routing company – Whether report contractual – Methodology used – Relevance of wave height to Douglas Sea Scale – Whether owners in breach of charter

Limitation of liability – Marina damaged by storm – Lessee of marina bringing limitation claim against owners of damaged pleasure craft – Whether claimant entitled to limit – Whether marina a “dock” – Merchant Shipping Act 1995, section 191

Limitation of liability – Whether limitation could be invoked by owner of merchant ship against owner of a ship owned by defence force of South Africa or another country – Merchant Shipping Act 57 of 1951, section 261 and section 3(6)

Conflict of laws – Jurisdiction – State immunity – P&I Club bringing actions against Spain and France to enforce arbitration awards and English judgments – Whether states entitled to immunity – Whether court had jurisdiction

General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy