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Shipping E-Brief February 2016

News / / Shipping E-Brief February 2016

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

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Missed a previous edition? Read them here:

Shipping E-Brief Winter 2015

Shipping E-Brief Autumn 2015

Shipping E-Brief Summer 2015

Rania Tadros

Rania Tadros Managing Partner

Christian Dwyer

Christian Dwyer Global Head of Admiralty

Chris Kidd

Chris Kidd Head of Shipbuilding and Offshore Construction, Joint Head of Energy & Infrastructure, Partner

Fionna Gavin

Fionna Gavin Joint Head of Insurance, Partner

Max Cross

Max Cross Partner

Simon Cooper

Simon Cooper Consultant

Amanda Urwin

Amanda Urwin Managing Associate

David Choy

David Choy Managing Associate

Natalie Nielsen

Natalie Nielsen Managing Associate

Rachel Bernie

Rachel Bernie Managing Associate

Sophie Henniker-Major

Sophie Henniker-Major Managing Associate

Stavroula Mylona

Stavroula Mylona Senior Associate

Related sectors:

Featured news & insights

News / Owners must give credit for benefit obtained following Charterers’ repudiation

16-02-2016 / Maritime

Fulton Shipping Inc of Panama v. Globalia Business Travel S.A.U. (New Flamenco) [2015] EWCA Civ 1299  In a significant judgment from the Court of Appeal, the principle by which an owner is bound to give credit for benefit obtained following a charterer’s repudiation has been confirmed. We have previously reported on the Commercial Court decision, which has now been overturned. The Court of Appeal held that where a claimant acquires a benefit as a result of doing something by way of mitigation which arises out of the consequences of the breach and is in the ordinary course of business, that benefit should normally be brought into account when assessing the claimant’s loss.  

Owners must give credit for benefit obtained following Charterers’ repudiation

News / NYPE 2015 - Setting the new standard?

16-02-2016 / Maritime

In October 2015, the 1946 and 1993 versions of the New York Produce Exchange (NYPE) form, which is the norm for time chartering dry bulk vessels, were substantially revised. The new version comprises 57 clauses and a detailed vessel description, to bring the form in line with current industry practices and recent legal changes. The key revisions are addressed below.

NYPE 2015 - Setting the new standard?

News / Speed and consumption claims revisited

16-02-2016 / Maritime

Polaris Shipping Co. Ltd v. Sinoriches Enterprises Co. Ltd (Ocean Virgo) [2015] EWHC 3405 (Comm) The English High Court has issued useful guidance for underperformance disputes, which are commonplace these days under time charters for dry bulk carrier vessels.

Speed and consumption claims revisited

News / Is it OK to backdate shipbuilding contracts?

12-02-2016 / Maritime

Crescendo Maritime Co. and Alpha Bank A.E v Bank of Communications Company Limited and others; Alpha Bank A.E v. Bank of Communications Company Limited and Bank of Communications Company Limited Qingdao Branch [2015] EWHC 3364 (Comm)

Is it OK to backdate shipbuilding contracts?

News / Make sure your commercial contracts cover all the issues (and don’t expect the courts to help you if you forget)

16-02-2016 / Maritime

Marks and Spencer plc (Appellant) v. BNP Paribas Securities Services Trust Company (Jersey) Limited and another (Respondents) [2015] UKSC 72 The UK Supreme Court has clarified the English law approach to implying terms into contracts, adopting a restrictive approach. Although not a case relating directly to the shipping industry, the decision has important implications for all commercial contracts.

Make sure your commercial contracts cover all the issues (and don’t expect the courts to help you if you forget)

News / Running out of time in admiralty claims: know your claim forms

16-02-2016 / Maritime

Stolt Kestrel BV v. Sener Petrol Denizcilik Ticaret AS (Stolt Kestrel) and CDE. S.A v. Sure Wind Marine Limited (SB Seaguard c/w Odyssee) [2015] EWCA Civ 1035 LD Commodities Rice Merchandising LLC and LD Commodities Mea Trading DMCC v. The Owners and/or Demise Charterers of the Vessel Styliani Z (Styliani Z) [2015] EWHC 3060 (Admlty)

Running out of time in admiralty claims: know your claim forms

News / Collision claims: check time extensions and draft settlement offers carefully

16-02-2016 / Maritime

The former Owners of the motor vessel “Melissa K” now named “Jasmine I” v. The former Owners of the motor tanker “Tomsk” subsequently named “Pure Energy” and now named “Thayer” [2015] EWHC 3445 (Admlty)

Collision claims: check time extensions and draft settlement offers carefully

News / Supreme Court declines jurisdiction over successive carriers in carriage of goods by road dispute

05-11-2015 / Maritime

British American Tobacco Denmark AS and others v Kazemier Transport BVBritish American Tobacco Switzerland SA v H Essers Security Logistics BV and another nbsp2015 UKSC 65

Supreme Court declines jurisdiction over successive carriers in carriage of goods by road dispute

News / MCA investigates alleged breach of the MLC – would your ship pass the test?

16-02-2016 / Maritime

Dean Richard Wilson v. The Secretary of State for Transport, Princess Cruise Lines Ltd and Another [2015] EWHC 2330 Admin

MCA investigates alleged breach of the MLC – would your ship pass the test?

News / Environmental regulation update

16-02-2016 / Maritime

IMO’s Ballast Water Management Convention and China’s Emission Control Areas Programme – beginning January 2016.

Environmental regulation update

News / Some new tools for tackling corruption and for navigating anti-corruption laws

16-02-2016 / Maritime

Recent months have seen a number of key developments in the area of anti-bribery and corruption for our clients the UK Chamber of Shipping published its Practical Guidance for the UK Shipping Industry, the UK's first Deferred Prosecution Agreement was approved in relation to a breach of s7 of the Bribery Act 2010 (the Act) and BIMCO introduced its new anti-corruption clause for charterparties These events came amidst the widely-reported suspension of a senior executive in a shipping company for alleged corruption (albeit when he was previously working in the telecommunications sector)

Some new tools for tackling corruption and for navigating anti-corruption laws

News / Modern Slavery Act 2015: guidelines for slavery and human trafficking statements published

21-12-2015 / Maritime

Since the publication of Ince & Co’s article “Modern Slavery Act 2015 – why shipowners need to pay attention” (in the Autumn 2015 Shipping E-Brief), the government has released guidance intended to assist compliance, entitled “Transparency in Supply Chains etc. A Practical Guide”. This update examines that guidance and provides a reminder of the key points for the shipping industry and related companies.

Modern Slavery Act 2015: guidelines for slavery and human trafficking statements published

News / Insurance Act - late payment of insurance claims

16-02-2016 / Insurance

Currently, where an insurer has unreasonably refused to pay a claim or has caused unreasonable delay in settling the claim, the insured are entitled to recover only that which they are owed under the policy plus interest. There is no provision for the insured to recover any additional losses suffered due to the delay. This has caused problems for insureds, most notoriously in the case of Sprung v. Royal Insurance [1999], where late payment of a claim to Mr Sprung by his insurers resulted in the loss of the family business.

Insurance Act - late payment of insurance claims

News / US lifts ban on crude oil exports

16-02-2016 / Maritime

On 18 December 2015, the US government lifted a 40 year ban on the export of US crude oil. The ban was originally introduced in 1975 in response to the Arab oil embargo. The lifting of the ban is a result of the increase in US oil production in recent years, including the development of US shale oil production. US oil producers led the move to end the ban, arguing that maintaining the export ban would keep down domestic oil prices and this would eventually make drilling unprofitable.

US lifts ban on crude oil exports