Lloyd's Maritime Law Newsletter

Ship sale - Contract for use and access of yacht to seller after sale to purchaser - Yacht suffering engine breakdown soon after delivery - Breakdown within use and access period - Whether risk of unseaworthiness on seller or buyer

Time charter - Hull fouling - Speed and performance claim - Whether the decision in The Divinegate relevant - Whether the charterers were entitled to a deduction from hire, notwithstanding that the "good weather" period was insufficient for the purposes of engaging the performance warranty

Voyage charter - Despatch - Laytime calculations - Use of ship's cranes restricted by master to three out of four for simultaneous working due to overheating - Whether the vessel was to be treated as a four-hook ship as warranted or a three-hook ship as operated - Whether laytime to be calculated on the actual working capacity (three hooks) Procedure - LMAA Small Claims Procedure - Respondent not participating

General average - Seaworthiness - Incompetence of master - Defective Passage Plan - Whether carrier exercised due diligence - York-Antwerp Rules - Hague Rules

Arbitration - Vessel arrested in in rem proceedings pending outcome of arbitration - In rem proceedings stayed - Arbitration award obtained - Whether arbitration creditor could apply for lift of stay of in rem proceedings - Judgment on the award - Arbitration Act 1996 (England), section 11

Time charter - Speed and performance claim - Preliminary issues - How weather conditions should be determined - Parameters of speed and consumption warranties - Whether there was a continuing warranty of performance - Whether the effect of positive currents should be discounted

Sale of goods - Payment by letter of credit - Whether provision of letter of credit amounted to unconditional or conditional payment - Passing of property - Whether payment conditional on receipt of bills of lading - Sale of Goods Act 1979, sections 28, 32 and 49

Tort - Conversion - Instructions to release cargo under delivery orders - Whether an act of conversion - Bills of lading - Financier pledging bills of lading to issuing bank as security for loan - Bank returning bills of lading to financier under trust receipt arrangement - Whether pledge extinguished by redelivery of bills to the financier