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Shipping E-Brief June 2018

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The Shipping E-Brief is a regular publication providing you with key information on legal decisions and developments in shipping and related business areas. 

Our June 2018 edition of the Shipping E-Brief is full of articles dealing with topical shipping issues.  

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Shipping E-Brief March 2018

Shipping E-Brief January 2018

Shipping E-Brief November 2017

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News / Supreme Court dismisses appeal in Venezuela drug smuggling saga

12-06-2018 / Insurance, Maritime

Navigators Insurance Company Limited and others v. Atlasnavios – Navegação, LDA (B Atlantic) [2018] UKSC 26 In a judgment of importance to the marine war hull market, the Supreme Court unanimously dismissed the Owners’ appeal (with Lord Mance delivering the judgment) holding that the war risk insurers (“Insurers”) were not liable for the total loss of the B Atlantic (the “Vessel”), which was confiscated by the Venezuelan authorities after cocaine was found strapped to her hull. The Supreme Court held that the Vessel’s loss was not caused by the peril relied upon by the Assured (“any person acting maliciously”), but simply by detainment by reason of breach of customs regulations, which was a risk expressly excluded by the insurance policy (the “Policy”).

Supreme Court dismisses appeal in Venezuela drug smuggling saga

News / Cargo claims and title to sue under the bills of lading

12-06-2018 / Maritime

Sevylor v. Altfadul & SIAT (Baltic Strait) [2018] EWHC 629 (Comm) This case considers the extent of the damages that a bill of lading holder, as receiver of damaged goods, can claim from shipowners, in circumstances where the vessel’s charterers have already paid the receivers partial compensation for the cargo damage. The judgment also clarifies the applicability of sections 2(1) and 2(4) of the Carriage of Goods by Sea Act (COGSA) 1992 in these circumstances.

Cargo claims and title to sue under the bills of lading

News / Whether claim for time spent waiting off port limits was for demurrage or detention

12-06-2018 / Maritime

Glencore Energy UK Ltd v. OMV Supply and Trading Ltd (MT Seagrace) [2018] EWHC 895 (Comm) The issue in this case was whether the time spent waiting off the port limits, pursuant to the Charterers’ orders, was subject to the contractual demurrage regime or whether it was a valid claim for “detention by agreement”. The Court concluded that the contractual time-bar provision for demurrage claims did not apply as the time spent waiting was to be properly classed as detention. As a result, a recovery could be made for the time spent and bunkers consumed at the waiting area.

Whether claim for time spent waiting off port limits was for demurrage or detention

News / Court of Appeal rules on package limitation for containerised cargoes where no bill of lading issued

12-06-2018 / Maritime

Kyokuyo Co Ltd v. A.P. Møller-Maersk A/S (Maersk Tangier) [2018] EWCA Civ 778 The Court of Appeal has upheld the Commercial Court ruling in a significant decision that considered package limitation under the Hague and Hague-Visby Rules. The judgment clarifies, for the first time under English law, that “unit” is an individual piece of cargo as opposed to a container. It further confirms that the Hague-Visby Rules may apply even in circumstances where sea waybills are used instead of bills of lading. The decision is important because of its implications for the limitation of liability for carriers.

Court of Appeal rules on package limitation for containerised cargoes where no bill of lading issued

News / “Always accessible”: arrival, departure or both?

12-06-2018 / Maritime

Seatrade Group N.V. v. Hakan Agro D.M.C.C (Aconcagua Bay) [2018] EWHC 654 (Comm) An “always accessible” berth warranty is often used by an owner to transfer the risk of delays in berthing to a charterer. The Commercial Court has now settled the debate as to whether that warranty also transfers the risk of delays in departing the berth post the completion of cargo operations to the charterer. The Court concluded that it did.

“Always accessible”: arrival, departure or both?

News / Singapore High Court apportions liability in two related collisions

12-06-2018 / Maritime

The “Tian E Zuo” [2018] SGHC 93 This is a decision of the Singapore High Court on the apportionment of liability for two related collisions that took place on 12 June 2014 at Western Petroleum Anchorage B in Singapore. Both the Arctic Bridge and the Tian E Zuo had each collided with the Stena Provence. In a settlement with the Stena Provence, both the Arctic Bridge and the Tian E Zuo assumed equal responsibility for the damage sustained by the Stena Provence. However, both the Arctic Bridge and the Tian E Zuo sought to be indemnified by the other on the basis that the other was wholly to blame for the collisions with the Stena Provence.

Singapore High Court apportions liability in two related collisions

News / UK Bribery Act: a reminder of the importance of having adequate procedures in place

12-06-2018 / Maritime

2018 has seen the first contested prosecution for the corporate offence of “failure to prevent bribery” under section 7 of the UK Bribery Act 2010.

UK Bribery Act: a reminder of the importance of having adequate procedures in place