‘On 17 January 2024, the Supreme Court handed down judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post David McKie, Partner at CMS, comments on that judgment.’
UKSC Blog, 27th February 2024
Source: ukscblog.com
‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’
UKSC Blog, 19th December 2023
Source: ukscblog.com
‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’
UKSC Blog, 10th May 2023
Source: ukscblog.com
‘Legislation aimed at boosting seafarers’ pay has passed its final hurdle but may not immediately improve earnings.’
The Independent, 23rd March 2023
Source: www.independent.co.uk
‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’
OUT-LAW.com, 22nd November 2022
Source: www.pinsentmasons.com
‘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.’
House of Commons Library , 14th November 2022
Source: commonslibrary.parliament.uk
‘On Wednesday [12th October], an Electronic Trade Documents Bill was presented before Parliament. The Bill, which is based on Law Commission recommendations and draft legislation, with some modifications, proposes changes to the law that would allow for the legal recognition of electronic versions of trade documents, such as bills of lading and bills of exchange.’
Law Commission, 13th October 2022
Source: www.lawcom.gov.uk
‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’
The Independent, 22nd September 2021
Source: www.independent.co.uk
‘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.’
EIN Blog, 15th September 2021
Source: www.ein.org.uk
‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’
Law Society's Gazette, 7th June 2021
Source: www.lawgazette.co.uk
‘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.’
UKSC Blog, 10th July 2019
Source: ukscblog.com
‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’
OUT-LAW.com, 5th November 2018
Source: www.out-law.com
‘An insurer could not rely on a sanctions-related exclusion clause to resist paying out on a marine insurance policy in the context of the impending reinstatement of US secondary sanctions against Iran, the High Court has ruled.’
OUT-LAW.com, 22nd October 2018
Source: www.out-law.com
‘The Supreme Court heard the case of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 in which it considered whether the expenses occurred by a vessel during a negotiating period with pirates are allowable under Rule F, which covers additional expenses, of the York-Antwerp Rules 1974. This is the first time the English Courts have considered the meaning and application of Rule F.’
UKSC Blog, 3rd September 2018
Source: ukscblog.com
‘In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive total loss (“CTL”).’
4 New Square, 21st February 2018
Source: www.insurancelaw.london
‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’
Courts and Tribunals Judiciary, 2nd November 2017
Source: www.judiciary.gov.uk
‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’
UK Constitutional Law Association, 31st May 2017
Source: ukconstitutionallaw.org
‘The Jill Poole Memorial Lecture by the Lord Chief Justice: Keeping commercial law up to date.’
Courts and Tribunals Judiciary, 16th May 2017
Source: www.judiciary.gov.uk
‘The rare simultaneous occurrence of two otherwise common events was an ‘abnormal occurrence’, which did not put the charterers of a ship which ran aground in port in breach of the ‘safe port’ warranty they gave to the owners.’
OUT-LAW.com, 11th May 2017
Source: www.out-law.com
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