Lloyd's Maritime Law Newsletter

Charterparty – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage - Receivers bringing cargo claim against owners resulting from delay - Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners

Charterparty – Voyage charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsory applicable to bill of lading – Court at discharge port upholding bill of lading holder’s cargo claim against shipowner – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976

Conflict of laws – Jurisdiction – Loss of sailing yacht being carried from Antigua to Genoa – Contract containing exclusive English jurisdiction clause – Parties bringing proceedings in England for negative declaratory relief – Italian businessman and other defendants challenging jurisdiction – Whether contract was a consumer contract – Whether English jurisdiction established

Admiralty practice – Default judgment – Acknowledgement of service filed late – Whether Admiralty court had jurisdiction to enter default judgment – Whether defence should be struck out – Whether Admiralty court had jurisdiction to consider application for summary judgment

Contract – Formation – Whether business confirmation emails gave rise to concluded sale of goods contract

Sale of goods – Sale of vacuum tanker – Whether breach of description – Whether breach de minimis – Whether buyer entitled to reject goods – Whether buyer entitled to refund of advance payment