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Lloyd's Maritime Law Newsletter RSS feed

Eastern Pacific Chartering Inc v Pola Maritime Ltd (The “Pola Devora”) – QBD (Comm Ct) (Patricia Robertson QC sitting as a Deputy Judge of the High Court) [2021] EWHC 1707 (Comm) – 28 June 2021

Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021

Conflict of laws – Jurisdiction – Charterparty containing exclusive English jurisdiction clause – Owners claiming balance of hire and arresting different vessel in Gibraltar as security – Owners subsequently bringing substantive proceedings in England – Charterers counterclaiming damages for wrongful arrest – Whether tort claims fell within jurisdiction clause – Whether lis alibi pendens – Whether actions related – Whether English court should decline jurisdiction over tort counterclaim – Brussels Convention 1968, articles 17, 21 and 22

Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Ltd and Others (The “Star Centurion”) – High Ct of Hong Kong SAR (Court of First Instance) (Chan J) [2021] HKCFI 396 – 22 February 2021

Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021

Admiralty – Limitation of liability – Defendant’s vessel sinking after collision with plaintiff’s vessel – Defendant incurring expenses in removing pollutants from wreck – Plaintiff admitting full liability for collision – Whether plaintiff entitled to limit liability in respect of wreck removal expenses

Tecoil Shipping Ltd v Neptune EHF and Others (The “Poseidon”) (No 2) – QBD (Admlty Ct) (Mr Admiralty Registrar Davison) [2021] EWHC 1582 (Admlty) – 15 June 2021

Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021

Admiralty practice – Collision action – Claimant obtaining default judgment in rem – Insurers refusing to comply with letter of undertaking on basis that LOU only responded to in personam judgment – Claimant bringing separate in personam proceedings against owners and insurers – Claimant obtaining default judgment in in personam proceedings – Whether default judgment should be set aside

Galtrade Ltd v BP Oil International Ltd (The “Pioneer”) – QBD (Comm Ct) (Adrian Beltrami QC sitting as a Deputy Judge of the High Court) [2021] EWHC 1796 (Comm) – 5 July 2021

Online Published Date : 16 July 2021 | Appeared in issue: 1086 - 16 July 2021

Sale of goods – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer’s rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller’s loss

Technology Swiss Pty Ltd v AAI Ltd, trading as Vero Insurance – Fed Ct of Australia (Allsop CJ) [2021] FCA 95 – 12 February 2021

Online Published Date : 16 July 2021 | Appeared in issue: 1086 - 16 July 2021

Marine insurance – Cargo policy – Subrogation and recoupment – Under-insurance – Insurer disputing quantum of insured’s claim – Insurer paying insured AUS$425,000 to settle claim – Insured subsequently recovering significantly greater sum from contractual carrier – Quantification of insurer’s entitlement to recoupment

London Arbitration 17/21

Online Published Date : 30 July 2021 | Appeared in issue: 1087 - 30 July 2021

Charterparty – Heavy lift charter – Non-payment of sums due from charterers – Whether charterparty frustrated – Demurrage at loading port – Whether notice of readiness valid – Reimbursement of war risks additional premium incurred by owners – Owners exercising rights of lien and stoppage in international waters and suspending further performance of vessel – Vessel drifting for 272 days – Whether suspension rights validly exercised by owners