Lloyd's Maritime Law Newsletter

Admiralty practice – Priorities – Applicant with no valid claim in rem arresting vessels in capacity as assignee of master’s and crew’s wages – Applicant subsequently seeking to be reimbursed out of proceeds of sale for its own costs of arrest and maintenance in priority to all other claims – Whether applicant entitled to priority over mortgagee

Practice – Summary judgment – Plaintiff salvor concluding short-term charter with owners of bunker tanker to remove fuel oil from grounded vessel – Bunker tanker already on long-term charter – Plaintiff suing owners and charterers of bunker tanker seeking to set aside short-term charter for duress alternatively on equitable grounds or pursuant to section 7 of 1989 Salvage Convention – Defendants applying for summary judgment – Whether summary judgment should be granted

Demurrage – Delay – Loading of cargo delayed following fire destroying conveyor belt system at loading terminal – Whether delay caused by “mechanical breakdown” – Whether charterers entitled to rely on force majeure clause

Practice – Anti-suit injunction – Purchaser of fuel oil bringing proceedings in England to establish it had acquired title – Defendants disputing that purchaser had acquired title – Defendants applying to join purchaser to existing proceedings in Fujairah – Whether purchaser entitled to anti-suit injunction restraining joinder in Fujairah

Sale of goods – Damages – Late delivery of goods by seller – Market value – Whether to be assessed by reference to Platts’ pricing for a single day or by reference to a spread of dates

Charterparty – Charter Restructuring Agreement – Agreement providing for semi-annual adjustment of hire paid – Construction of agreement – Whether Agreement should be rectified

Charterparty – Cargo damaged during discharge – Whether implied term that stevedores appointed by charterers would be competent – Whether stevedores incompetent – Whether charterers responsible for any such incompetence – Sugar Charter Party 1999

Marine insurance – Vessel grounding while waiting for berth – Whether grounding fortuitous – Whether damage caused by peril of the seas – Whether damage caused by negligence of crew – Whether vessel actual or constructive total loss