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& Ince, in any case

03-12-2020 / Maritime

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

23-09-2020 / Maritime

Following the UK’s departure from the EU, there have been some recent developments with regard to the approach of the UK to sanctions, including the issuance of guidance to the shipping industry on financial sanctions. We summarise some of these recent developments below.

31-03-2020 /

In its first decision on the WELCAR 2001 Offshore Construction Project Policy (“WELCAR) terms, the Commercial Court considered whether insurance cover for the 12 month “Maintenance Period”, would apply in circumstances where the construction phase intended to be covered by the “Project Period” had not yet been completed. The case highlights the need to ensure appropriate extensions of insurance cover have been obtained were construction is delayed beyond the period contemplated in the original policy and that any ancillary cover is clearly defined.

16-03-2020 / Maritime

BIMCO has now released two new sanctions clauses for time and voyage charter parties to be used in all trades, except for container trades (where we understand a separate sanctions clause is under development).

11-03-2020 / Maritime

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Limited [2020] EWCA Civ 14 In a judgment handed down on 12 February 2020, the Court of Appeal has confirmed that the intention of EU Regulation 267/2012 extends to preventing a sanctioned party from claiming interest under an arbitration award for the duration that its contractual counterparty was prevented from making payment pursuant to the arbitration award as a result of the sanctions.

29-11-2018 / Maritime

Warner v. Scapa Flow Charters [2018] UKSC 52 The Supreme Court has clarified the scope, as a matter of UK law, of the time-bar provided for by Article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (the “Athens Convention”). The effect of section 18 of the Prescription and Limitation (Scotland) Act 1973 (the “1973 Act”), if the claim is brought on behalf of an individual who is a minor at the time of the incident giving rise to the claim, is to suspend the running of time for commencing an action until the claimant becomes an adult. Although a different limitation statute applies in England and Wales, the decision gives a strong indication of how similar cases might be decided here. There is considerable potential for this decision to prolong the period during which claims may emerge and be brought against the operators of ferries, cruise ships and other passenger vessels following fatal accidents.

02-10-2018 / Maritime

Deep Sea Maritime Ltd v Monjasa A/S (The Alhani) [2018] EWHC 1495 (Comm) The Court has held that a ship-owner, who had delivered the shipper’s cargo to a third party without production of the relevant bill of lading, could nonetheless rely on the one-year time limit in Article III Rule 6 of the Hague Rules to defeat the shipper’s claim for misdelivery.

11-07-2017 / Maritime

A brief summary of some recent developments in international sanctions

17-02-2016 / Maritime

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

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.

16-02-2016 / Maritime

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

20-04-2015 / Maritime

CPR Part 36 contains a set of rules governing the making of settlement offers and provides certain costs advantages for claimants that act as an incentive to settle disputes early. A failure to comply with the strict requirements of Part 36 can, however, mean that an offer does not attract these costs advantages.

08-04-2014 / Maritime

Manzi and another v. Capitaneria di Porto di Genova Case C-537/11 As the EU and IMO emissions regulation legislation looks set to diverge even further, one owner fights back in the European Court of Justice, arguing that EU member states who are party to the IMO’s MARPOL Annex VI could not impose inconsistent EU requirements upon vessels flagged in other MARPOL Annex VI states.

21-01-2014 / Maritime

With the Ballast Water Management Convention 2004 (the “Convention”) likely to enter into force in the near future, the industry has understandably been focused on meeting its practical requirements. Nonetheless, the importance of considering the impact of the Convention on contractual arrangements should not be forgotten.