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.’

Full story

Falcon Chambers, October 2016


High Court rejects judicial review challenge of Greenwich cruise liner terminal planning permission –

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.’

Full story, 15th August 2016


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?’

Full story

BBC News, 19th July 2016


UK Border Force given new powers to protect coast – The Guardian

Posted June 2nd, 2016 in asylum, immigration, news, ships by sally

‘New powers for Border Force officers to board boats and arrest anyone they suspect of attempting a clandestine entry to Britain have come into force as part of a package of measures ordered earlier this year by the home secretary, Theresa May.’

Full story

The Guardian, 31st May 2016


Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

Full story

Commercial Disputes Blog, 17th February 2016


Court of Appeal: shipping fuel supply agreement was not ‘sale of goods’ –

Posted October 27th, 2015 in agreements, appeals, consumer credit, news, sale of goods, ships by sally

‘A contract for the supply of marine fuel on credit was not governed by the 1979 Sale of Goods Act (SOGA), because full legal ownership of the fuel did not pass to the owners of the vessel before it was consumed, the Court of Appeal has ruled.’

Full story, 26th October 2015


End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

Full story (PDF)

Zenith Chambers, 13th January 2015


Portsmouth docks cocaine smuggling gang jailed – BBC News

Posted September 1st, 2014 in abuse of position of trust, drug trafficking, news, sentencing, ships by sally

‘Ten people have been jailed for up to 20 years for attempting to smuggle millions of pounds worth of cocaine in crates of bananas and pineapples.’

Full story

BBC News, 29th August 2014


Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014


Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by tracey

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362;   [2013] WLR (D)  141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013


Randy, rating, and his (house)boat – UK Human Rights Blog

Posted April 18th, 2013 in council tax, housing, news, ships, valuation by sally

“Randy Northrop is a Californian and a wanderer in spirit. He lives with his family aboard MY Cannis – see the pic. He got fed up of ‘living in a grotty council house in a rough area’ of Bristol, so bought and renovated this former Thames tug. And nice inside it sounds too – two open fireplaces, several flat screen TVs, a music room and grand piano.”

Full story

UK Human Rights Blog, 18th April 2013


Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012


Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012


Rainy Sky SA and others v Kookmin Bank – WLR Daily

Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311

“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”

WLR Daily, 2nd November 2011


Cornish student who stole family yacht jailed after mother presses charges – The Guardian

Posted October 13th, 2011 in families, news, sentencing, ships, theft by tracey

“A student who stole his family’s £10,000 yacht and needed to be rescued by a lifeboat crew has been jailed for nine months after his mother reported him to police.”

Full story

The Guardian, 13th October 2011


Houseboat tenants ‘forced to move’ from Bembridge home – BBC News

Posted August 18th, 2011 in housing, landlord & tenant, news, ships by sally

“A couple who have lived in a houseboat on the Isle of Wight for 20 years say they are being forced to leave their home after they lost a legal bid.”

Full story

BBC News, 16th August 2011


Tristmire Ltd v Mew and another – WLR Daily

Posted August 4th, 2011 in appeals, housing, landlord & tenant, law reports, rent, ships by sally

Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271

“A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat.”

WLR Daily, 28th July 2011


Wreck Removal Convention Act 2011 –

Posted July 14th, 2011 in international law, legislation, shipping law, ships, wrecks by tracey

Wreck Removal Convention Act 2011 published

Full text of Act


Arctic cruise passengers to sue over glacier injuries – Daily Telegraph

Posted September 3rd, 2010 in class actions, holidays, news, personal injuries, ships by sally

“An Arctic cruise company is being sued by a senior banker and other passengers who were injured when chunks of glacier ice smashed onto the deck of their luxury liner.”

Full story

Daily Telegraph, 3rd September 2010


Cruise line pays out over Legionnaires’ disease death – Daily Telegraph

Posted March 17th, 2010 in compensation, doctors, holidays, news, ships by sally

“The widow of a British man who died after contracting Legionnaires’ disease during a Fred Olsen cruise has been awarded a £70,000 financial settlement.”

Full story

Daily Telegraph, 17th March 2010