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Lloyd's Maritime Law Newsletter RSS feed

Ulusoy Denizilik AS v COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (The “Ulusoy-11”) – QBD (Comm Ct) (Bryan J) [2021] EWHC 3645 (Comm) – 28 August 2020

Online Published Date : 12 February 2021 | Appeared in issue: 1075 - 12 February 2021

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction

Noble Chartering Inc v Priminds Shipping (HK) Co Ltd (The “Tai Prize”) – Court of Appeal (Bean, Males and Rose LJJ) [2021] EWCA Civ 87 – 28 January 2021

Online Published Date : 12 February 2021 | Appeared in issue: 1075 - 12 February 2021

Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners

P&O Princess Cruises International Ltd v The Demise Charterers of the Vessel “Columbus” – QBD (Admlty Ct) (Mr Admiralty Registrar Davison) [2021] EWHC 113 (Admlty) – 26 January 2021

Online Published Date : 12 February 2021 | Appeared in issue: 1075 - 12 February 2021

Admiralty – Port dues – Cruise vessels laid up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port’s published tariff – Very significant difference between agreed rate and tariff rate – Whether Port entitled to increase rate to tariff rate

Royal Caribbean Cruises Ltd and Another v Reed – Federal Ct (Stewart J) [2021] FCA 51 – 2 February 2021

Online Published Date : 25 February 2021 | Appeared in issue: 1076 - 25 February 2021

Practice – Service out of jurisdiction – Anti-suit injunction – American cruise line passengers suffering personal injuries during 2019 eruption of volcano on Whakaari/White Island, New Zealand – Passengers on shore excursion from Royal Caribbean vessel – Passengers bringing proceedings in USA against cruise line – Cruise line applying for anti-suit injunction – Whether leave should be granted to serve proceedings out of jurisdiction

Nautical Challenge Ltd v Evergreen Marine (UK) Ltd (The “Alexandra 1” and The “Ever Smart ”) – Supreme Court (Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Hamblen and Lord Burrows JJSC sitting with Nautical Assessors) [2021] UKSC 6 – 19 February 2021

Online Published Date : 25 February 2021 | Appeared in issue: 1076 - 25 February 2021

Admiralty – Collision action – Crossing rules – Whether applicable to vessel navigating towards narrow channel – Whether give-way vessel had to be on a sufficiently constant course for crossing rules to apply

London Arbitration 6/21

Online Published Date : 25 February 2021 | Appeared in issue: 1076 - 25 February 2021

Charterparty – Cargo holds rejected at loading port – Whether time lost – Whether owners in breach of contract in respect of deviation caused by engine breakdown – Whether vessel underperformed – Whether owners liable to pay charterers for cost of replacement bunkers following deviation and underperformance