
Adrian Biles Chief Executive
Ince enhances global maritime offering with new Maritime and Marine Insurance team in our Bristol office
Daniel Crockford and Alex Penberthy will join Ince as Partners, adding their extensive shipping dispute resolution, yacht, superyacht and personal injury expertise. The team will work closely with our long established London and International maritime teams in order to complement its premier global maritime offering.
Daniel, who will lead the team, specialises in contentious shipping and marine insurance and has an unrivalled reputation in the yacht and superyacht industry. He has advised and acted on a variety of cases including collision, damage and salvage claims, theft and fraudulent claims, and defending marine professionals and marinas.
Alex is an expert in marine litigation with strong experience in cross jurisdictional claims and personal injury. He regularly advises on marine related accidents and prosecutions, cargo and freight claims, and supports insurers, P&I Clubs, and ferry operators in relation to claims involving merchant, fishing, passenger and pleasure vessels.
The team, including three additional appointments, will join in July. Clarissa Dumolo joins as Managing Associate; she has solid experience in the marine industry and particular expertise in insurance fraud. Joanna Mansel joins as Senior Associate, and Markella Papadopoulou joins as a Paralegal.
02-08-2022 / Maritime
Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.
20-07-2022 / Maritime
MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.
15-07-2022 / Maritime
In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.
13-07-2022 / Maritime
NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] EWHC 1615 (Comm) The Court has construed a force majeure clause and considered whether Buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented Sellers from transferring title in the Vessel.
20-06-2022 / Maritime
On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.
14-06-2022 / Maritime
Paul Knapfield v. C.A.R.S. Ltd & others [2022] EWHC 1437 (Comm) Disputes under the Carriage of Goods by Road Act 1965, which incorporates the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), do not come up very often. This decision is, therefore, useful in illustrating when and how the CMR applies. In this case, the Court found that the CMR limit of liability applied to the claimant’s claim, with the result that his losses far exceeded the amount he could ultimately recover from the carrier.