Menu
Shipping E-Brief October 2016

News / / Shipping E-Brief October 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.

Download the PDF version

Missed a previous edition? Read them here:

Shipping E-Brief July 2016

Shipping E-Brief April 2016

Shipping E-Brief February 2016

Christian Dwyer

Christian Dwyer Global Head of Admiralty

Chris Kidd

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

David Choy

David Choy Managing Associate

Rachel Bernie

Rachel Bernie Managing Associate

Related sectors:

Featured news & insights

News / The Supreme Court removes one deterrent to fraudulent insurance claims

18-10-2016 / Maritime

Versloot Dredging v. HDI-Gerling Industrie Versicherung AG and others (DC Merwestone) [2016] UKSC 45 In a landmark decision, the Supreme Court (by a majority of 4-1, Lords Sumption, Toulson, Clarke and Hughes, with Lord Mance dissenting) has abolished the ‘fraudulent device doctrine’.

The Supreme Court removes one deterrent to fraudulent insurance claims

News / Liability for underperformance caused by fouling due to Charterers’ orders

18-10-2016 / Maritime

Imperator I Maritime Company v. Bunge SA (Coral Seas) [2016] EWHC 1506 (Comm) The Court has recently held that, in considering whether owners are in breach of a continuing performance warranty, it is no defence for the owners to show that the underperformance has been caused by underwater fouling following the charterers’ employment orders.

Liability for underperformance caused by fouling due to Charterers’ orders

News / How long can a carrier claim demurrage for unreturned containers?

18-10-2016 / Maritime

MSC Mediterranean Shipping Company SA v. Cottonex Anstalt [2016] EWCA Civ 789 A container line, whose containers had been detained for a few months and seemed to be unlikely to be returned for some time, was not able to claim demurrage from the Shipper for an open-ended period. 

How long can a carrier claim demurrage for unreturned containers?

News / Can an owner accidentally lose the right to limit liability?

18-10-2016 / Maritime

Bahamas Oil Refining Company International v. Owners of Cape Bari Tankschiffahrts GmbH & Co KG (Cape Bari) [2016] UKPC 20 The Privy Council has recently confirmed that it is possible for a shipowner to contract out of his right to limit liability under the 1976 Limitation Convention. This is a decision of significance for the shipping industry as, should an owner inadvertently lose the protection of limitation, owners (and potentially charterers, should owners seek to be indemnified) risk facing large and unanticipated liabilities. 

Can an owner accidentally lose the right to limit liability?

News / Court of Appeal considers insurance cover following vessel’s confiscation for drug smuggling

18-10-2016 / Maritime

Atlasnavios – Navegação, LDA v. Navigators Insurance Company Ltd and Ors (B Atlantic) [2016] EWCA Civ 808 Reversing the Commercial Court judgment, the Court of Appeal has held that 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.  

Court of Appeal considers insurance cover following vessel’s confiscation for drug smuggling

News / Court of Appeal on recoverability in General Average of expenses associated with piracy attack

18-10-2016 / Maritime

Mitsui & Co v. Beteiligungsgesellschaft LPG (Longchamp) [2016] EWCA Civ 708 In the first English case to consider the application of Rule F of the 1974 York Antwerp Rules (the YAR), the Court of Appeal has heard an appeal by cargo interests on whether operating expenses incurred during the time spent negotiating a ransom with pirates were allowable in General Average (GA), specifically as ‘substituted expenses’ under Rule F. The appeal was successful on this issue.

Court of Appeal on recoverability in General Average of expenses associated with piracy attack

News / The importance of causation in a shipbuilding context

18-10-2016 / Maritime

Saga Cruises BDF Limited and Saga Cruises Limited (formerly known as Acromas Shipping Limited) v. Fincantieri Spa (formerly Fincantieri Cantieri Navali Italiani Spa) [2016] EWHC 1875 (Comm)

The importance of causation in a shipbuilding context

News / Foreign court jurisdiction: what amounts to submission?

18-10-2016 / Maritime

Golden Endurance Shipping SA v. RMA Watanya SA and others (Golden Endurance) [2016] EWHC 2110 (Comm) In this cargo claim dispute, the Commercial Court has considered its own jurisdiction to determine whether a party had submitted to a foreign court jurisdiction when seeking to rely on an arbitration agreement, and whether the statutory requirements to challenge the foreign court’s jurisdiction had been met. The Court refused to recognise the foreign judgment in this case, finding that the Claimants in the English court proceedings had not submitted to the foreign jurisdiction and that the Claimants were not estopped from seeking a declaration of non-liability against the Defendants in the English courts.

Foreign court jurisdiction: what amounts to submission?