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

‘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

‘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

Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog

Posted June 5th, 2018 in arbitration, construction industry, news, ships by tracey

‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.

The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’

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Practical Law: Construction Blog, 29th May 2018

Source: constructionblog.practicallaw.com

Laser pen offenders face five years in jail and unlimited fines under new laws – The Independent

Posted December 21st, 2017 in aircraft, bills, fines, health & safety, news, road traffic, sentencing, ships, transport by tracey

‘People who shine lasers at air, ground and sea vehicles could be jailed for up to five years under new laws. Offenders also face unlimited fines as part of Department for Transport (DfT) measures to boost safety.’

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The Independent, 20th December 2017

Source: www.independent.co.uk

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

Mooring Rights – Falcon Chambers

Posted December 1st, 2016 in news, rights of way, ships, water by sally

‘Mooring involves attaching a boat to the bed or to the bank of a river. So the first stage of the analysis involves establishing who owns the bed and/or the bank.’

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Falcon Chambers, October 2016

Source: www.falcon-chambers.com

High Court rejects judicial review challenge of Greenwich cruise liner terminal planning permission – OUT-LAW.com

Posted August 16th, 2016 in news, planning, pollution, ships by sally

‘A High Court Judge has rejected a judicial review challenge to overturn the proposal for a cruise liner terminal at Enderby Wharf, London.’

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OUT-LAW.com, 15th August 2016

Source: www.out-law.com

The mysterious case of the drug-smuggling fishermen – BBC News

Posted July 19th, 2016 in appeals, drug trafficking, evidence, miscarriage of justice, news, ships by sally

‘In 2011, a group of men from the Isle of Wight was given a combined 104-year prison sentence for masterminding a £53m drug smuggling operation. Does new evidence suggest they were innocent?’

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BBC News, 19th July 2016

Source: www.bbc.co.uk