Denial in the Nile: intention and contract formation – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, contracts, news, remuneration, shipping law by sally

‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’

Full Story

Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

Case Comment: Herculito Maritime Ltd and Ors v Gunvor International BV and Ors [2024] UKSC 2 – UKSC Blog

Posted February 29th, 2024 in charterparties, insurance, news, piracy, shipping law, war by sally

‘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.’

Full Story

UKSC Blog, 27th February 2024

Source: ukscblog.com

Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘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).’

Full Story

UKSC Blog, 19th December 2023

Source: ukscblog.com

New Judgment: Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog

Posted May 11th, 2023 in limitations, news, nuisance, shipping law, Supreme Court by sally

‘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.’

Full Story

UKSC Blog, 10th May 2023

Source: ukscblog.com

Legislation aimed at boosting seafarers’ pay gets royal assent – The Independent

Posted March 24th, 2023 in bills, employment, minimum wage, news, remuneration, shipping law by tracey

‘Legislation aimed at boosting seafarers’ pay has passed its final hurdle but may not immediately improve earnings.’

Full Story

The Independent, 23rd March 2023

Source: www.independent.co.uk

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘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.’

Full Story

OUT-LAW.com, 22nd November 2022

Source: www.pinsentmasons.com

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.’

Full Story

House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

Electronic Trade Documents Bill introduced to Parliament – Law Commission

Posted October 13th, 2022 in bills, documents, electronic filing, Law Commission, news, shipping law by tracey

‘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.’

Full Story

Law Commission, 13th October 2022

Source: www.lawcom.gov.uk

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

‘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.’

Full Story

The Independent, 22nd September 2021

Source: www.independent.co.uk

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.’

Full Story

EIN Blog, 15th September 2021

Source: www.ein.org.uk

Duty of care for the acts of third parties – Law Society’s Gazette

‘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.’

Full Story

Law Society's Gazette, 7th June 2021

Source: www.lawgazette.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.’

Full Story

UKSC Blog, 10th July 2019

Source: ukscblog.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘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.’

Full Story

OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Supreme Court rejects time bar in passenger death at sea case – 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.’

Full Story

OUT-LAW.com, 5th November 2018

Source: www.out-law.com

High Court: secondary sanctions no grounds to avoid insurance policy – OUT-LAW.com

Posted October 22nd, 2018 in exclusion clauses, insurance, news, sanctions, shipping law by sally

‘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.’

Full Story

OUT-LAW.com, 22nd October 2018

Source: www.out-law.com

Case Comment: Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 – UKSC Blog

Posted September 6th, 2018 in costs, expenses, news, piracy, shipping law, Supreme Court by tracey

‘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.’

Full Story

UKSC Blog, 3rd September 2018

Source: ukscblog.com

The ‘MV Renos’ [2018] EWCA Civ 230 – 4 New Square

Posted March 16th, 2018 in insurance, news, repairs, shipping law by sally

‘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”).’

Full Story

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

Posted November 2nd, 2017 in choice of forum, dispute resolution, shipping law, speeches by tracey

‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’

Full speech

Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions – UK Constitutional Law Association

Posted June 1st, 2017 in appeals, contracts, judicial review, news, shipping law, Supreme Court by sally

‘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’).’

Full Story

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

Posted May 19th, 2017 in contracts, judiciary, legal education, shipping law, speeches by tracey

‘The Jill Poole Memorial Lecture by the Lord Chief Justice: Keeping commercial law up to date.’

Full speech

Courts and Tribunals Judiciary, 16th May 2017

Source: www.judiciary.gov.uk