Category: ships

Erosion of state immunity in spotlight as £37m salvage case reaches Supreme Court – Law Society’s Gazette

Posted November 28th, 2023 in foreign jurisdictions, news, ships, state immunity, Supreme Court by tracey

‘A Supreme Court case brought over silver salvaged from a wartime ship sinking could have consequences for the UK’s position as a global commercial hub, a specialist lawyer has warned. In Argentum v Republic of South Africa, five Supreme Court judges will consider the case for overturning a 2022 Court of Appeal judgment which critics say erodes the principle of state immunity from interference from foreign courts.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Bibby Stockholm: Resident loses High Court fight over Portland migrant barge – BBC News

Posted October 12th, 2023 in asylum, consultations, government departments, housing, judicial review, news, planning, ships by sally

‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’

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BBC News, 11th October 2023

Source: www.bbc.co.uk

Ancient tribunal to consider why lights on Southampton bridge are blue – The Guardian

Posted October 3rd, 2023 in courts, harbours, legal history, news, ships, sport by sally

‘In medieval times the court leet in Hampshire dealt with matters such as wrangles over water supply, the grazing of stock and what a proper measure of beer looked like.’

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The Guardian, 2nd October 2023

Source: www.theguardian.com

Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers

Posted August 29th, 2023 in detention, ministers' powers and duties, news, Russia, sanctions, ships by sally

‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’

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Blackstone Chambers, 21st July 2023

Source: www.blackstonechambers.com

Bibby Stockholm: Ministers face legal action over barge planning permissions – BBC News

Posted August 10th, 2023 in asylum, housing, local government, news, planning, ships by tracey

‘Ministers are facing legal action from the Mayor of Portland over the Bibby Stockholm migrant accommodation barge.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Legal reprieve for asylum seekers ordered to live on Dorset barge – The Guardian

Posted August 8th, 2023 in asylum, health & safety, housing, news, ships by tracey

‘People seeking refuge who were ordered to live on a controversial giant barge have been reprieved after legal challenges claimed the vessel was unsafe and unsuitable for traumatised people.’

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The Guardian, 7th August 2023

Source: www.theguardian.com

Asylum seeker barge plan would face legal challenge – BBC News

Posted April 4th, 2023 in asylum, hotels, housing, news, ships by sally

‘Ministers are facing the prospect of a legal challenge if they go ahead with plans to house asylum seekers on a barge off the Dorset coast.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Research briefing: Seafarers’ Wages Bill [HL] 2022-23 – House of Commons Library

Posted November 17th, 2022 in bills, employment, news, remuneration, shipping law, ships by tracey

‘This briefing will discuss the Government’s Bill to ensure seafarers with close ties to the UK are paid at least an equivalent to the UK national minimum wage while they are in UK waters.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

UK introduces new safety rules for enclosed spaces aboard ships – OUT-LAW.com

Posted March 9th, 2022 in health & safety, news, ships by sally

‘The UK government has introduced new regulations which for the first time clearly define ‘enclosed spaces’ aboard merchant shipping and fishing vessels, and set out safety rules governing those spaces.’

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OUT-LAW.com, 8th March 2022

Source: www.pinsentmasons.com

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

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EIN Blog, 15th September 2021

Source: www.ein.org.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

Posted August 10th, 2020 in armed forces, France, government departments, immigration, inquiries, international law, news, ships, statistics by sally

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

Posted July 20th, 2020 in accidents, duty of care, employment, health & safety, human rights, industrial injuries, limitations, news, ships by sally

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

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UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

High court backs negligence claim of Bangladeshi ship-breaker’s widow – The Guardian

Posted July 14th, 2020 in Bangladesh, duty of care, negligence, news, ships by tracey

‘A widow whose husband fell eight storeys to his death while breaking up a supertanker in Bangladesh can pursue a negligence claim against Maran (UK), a British company involved in the ship’s sale, according to a high court ruling.’

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The Guardian, 14th July 2020

Source: www.theguardian.com

Responding to COVID-19 the Maritime Perspective in the UK – 3PB

Posted May 12th, 2020 in chambers articles, coronavirus, news, ships by sally

‘We have reviewed the response to the Covid 19 crisis from international organisations and authorities and the UK Government and we have analysed responses from the cruise industry and UK ports. It is clear that protecting the health of those on ships and minimising the risk of transporting the coronavirus between different shores necessitates a focus on similar measures to those taken in society in general. These measures, however, need to be adapted to the very different environment on board ships.’

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3PB, 28th April 2020

Source: www.3pb.co.uk

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in costs, indemnities, insurance, news, piracy, ships by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Red Funnel ferry captain cleared over Solent boat crash – BBC News

Posted December 12th, 2019 in cautions, collisions at sea, news, ships by tracey

‘The captain of a car ferry that crashed with a pleasure boat has been cleared of committing two maritime offences.’

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BBC News, 11th December 2019

Source: www.bbc.co.uk

Case Comment: Sveriges Angfartygs Assurans Forening (The Swedish Club) and others v Connect Shipping Inc and another [2019] UKSC 29 – UKSC Blog

Posted July 11th, 2019 in insurance, news, repairs, shipping law, ships, Supreme Court by sally

‘John Butler is a senior associate in the insurance and reinsurance group at CMS, specialising in maritime disputes. John is dual-qualified in Hong Kong and England & Wales, and regularly acts for international clients in Hong Kong litigation and international arbitration, particularly in international trade disputes under charterparties, bills of lading, letters of credit and contracts of affreightment.’

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UKSC Blog, 10th July 2019

Source: ukscblog.com

Government sued over no-deal ferry contracts – BBC News

Posted February 12th, 2019 in brexit, competition, contracts, news, public procurement, ships, transport by tracey

‘The government is being sued for its decision to charter firms to run extra ferries, including one with no ships, in the event of a no-deal Brexit.’

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BbC News, 12th February 2019

Source: www.bbc.co.uk

Court delivers warning blow to parties seeking to rely on force majeure clauses – OUT-LAW.com

Posted September 25th, 2018 in contracts, news, ships by sally

‘The English High Court has ruled that a charter company was in breach of contract when it failed to provide cargoes to a ship owner – but that the contract’s ‘force majeure’ clause means it escapes paying damages.’

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OUT-LAW.com, 24th September 2018

Source: www.out-law.com

I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog

Posted June 6th, 2018 in expert witnesses, news, personal injuries, ships by tracey

‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’

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Practical Law: Construction Blog, 5th June 2015

Source: constructionblog.practicallaw.com