You, Reema Shour
& Ince, in any case

31-05-2023 / Maritime

The Court of Appeal has held that the Hague-Visby Rules one-year time bar applied to the Claimant bank’s claim under the bills of lading for mis-delivery after discharge. As a result, the claim was out of time. Read our article, by William Chetwood, Reema Shour and Sharon Msiza, for a discussion of the decision.

24-05-2023 / Maritime

In this commodities dispute, the Court has found that the arbitral appeal tribunal had misdirected itself on whether the claimant’s losses were too remote to be recoverable. In their article, Joanna Steele and Reema Shour discuss why the Court came to this conclusion.

15-05-2023 / Maritime

The Supreme Court has dismissed an argument that an oil spill emanating from the sea constituted a continuing nuisance and provided the claimants with a continuing cause of action for so long as the oil remained on their land. The oil spill was a one-off event and the cause of action accrued and was complete once the claimants’ land had been affected by the oil. Read our article, by Chris Kidd, Sophie Forsyth and Reema Shour.

10-05-2023 / Maritime

The Court of Appeal has considered the status of a bill of lading in the hands of charterer after it ceases to be a charterer. Is it a document of title or a mere receipt? Our article, by Jamila Khan, Iain Preston and Reema Shour, analyses the decision.

27-04-2023 / Maritime

Court finds there was no binding arbitration agreement between parties. Emirates Shipping Line DMCEST v. Gold Star Line Ltd [2023] EWHC 880 (Comm) The underlying contract in this dispute was a 2018 Memorandum of Understanding (MOU) governing the operation of a container shipping line. The 2018 MOU contained an LMAA arbitration clause.

25-04-2023 / Maritime

Court of Appeal considers insurable interest under marine cargo policy. Quadra Commodities S.A. v. XL Insurance Company Se & others [2023] EWCA Civ 432 The Court of Appeal has upheld an assured’s claim for an indemnity under its marine cargo policy, in circumstances where the goods in question disappeared or were lost as a result of a fraudulent scheme involving forged warehouse receipts in Ukraine.

21-04-2023 / Maritime

On 20 March 2023, a House of Commons Transport Committee reported progress under the Government’s Maritime 2050 strategy. In their article, Martin Dalby and Reema Shour discuss the findings.

20-04-2023 / Maritime

On 6 April 2023, amendments to CPR 61.4 and Practice Direction 61.4 (the admiralty civil procedure rules dealing with collision claims) came into force. The amendments apply to collision claims issued on or after 6 April 2023. They aim to make collision claims more transparent and better particularised.

17-04-2023 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

11-04-2023 / Maritime

On 7 December 2022, the United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships. The signing ceremony is due to be held in Beijing in September 2023 and the Convention will be known as the Beijing Convention on the Judicial Sale of Ships.

05-04-2023 / Maritime

In January 2022, the UK Law Commission commenced its review of the Arbitration Act 1996 and published its first consultation paper in September 2022. That consultation period closed in December 2022. However, as a result of some of the responses received from around 118 consultees, the Law Commission is now conducting a second consultation exercise discussing three topics.

04-04-2023 / Maritime

The English Court has dealt with a preliminary issue arising out of the grounding of the Ever Given in the Suez Canal on 23 March 2021.

03-04-2023 / Aviation & Travel

The Court has found that UK and US sanctions regulations enacted following the Russian invasion of Ukraine did not prevent or excuse the London branch of a German bank from making payments under letters of credit governed by English law to the beneficiary, an Irish aircraft lessor.

15-03-2023 / Maritime

On 15 March 2022, the UK’s Law Commission published its report, with draft legislation, for the legal recognition of electronic trade documents. One year later, the Electronic Trade Documents Bill introduced to the House of Lords is at the Report stage of the legislative process.

10-03-2023 / Commodities & Trade

In this dispute arising out of the contamination of a cargo of crude oil, the Court considered whether and the extent to which the parties’ settlement agreement limited the buyer’s right to claim reimbursement for storage fees.

07-03-2023 / Maritime

In the recent case of PJSC National Bank Trust v. Boris Mints, the Court confirmed that sanctioned entities have a fundamental right of access to the English courts. In this case, the Court has made it clear that a defendant will not be permitted to delay any legitimate proceedings against him beyond what is reasonable on the basis that his sanctioned status may prevent him getting a fair trial.

01-03-2023 / Maritime

On appeal from an arbitration award, the Court has agreed with the tribunal that there should be an implied term in the charterparty regarding the charterers’ obligations to arrange for a hold reinspection after a failed inspection. However, it has disagreed with the tribunal’s conclusion on whether this implied term had been breached.

24-02-2023 / Maritime

The international maritime industry is increasingly developing and relying on various levels of automation both onshore and on board. The IMO is leading the way forward and, among other things, has been taking a leading and proactive role in the introduction of commercially operated ships in autonomous mode.

21-02-2023 / Maritime

The UK Hydrographic Office (UKHO) announced in February 2023 that its planned timetable for withdrawing the production of paper charts would be extended beyond the originally anticipated deadline of 2026 in response to user feedback. It is now likely that a paper chart service will be provided until at least 2030.

20-02-2023 / Commodities & Trade

In a dispute arising under sale contracts for unleaded gasoline, the Court has held that the buyer’s claims in unjust enrichment for money had and received were time-barred.

14-02-2023 / Maritime

The Court has found that the UK sanctions regime does not deny sanctioned entities the right to access the English courts in circumstances where their disputes are subject to the English Court’s jurisdiction and they have a good arguable claim. In coming to this decision, the Court usefully summarised the applicable sanctions regulations and considered the scope of the licencing regime implemented by the UK Office of Foreign Sanctions (OFSI).

06-02-2023 / Maritime

This bareboat charterparty dispute is noteworthy for the Court’s findings on the effect of international sanctions on the Charterers’ obligations to make payment and the Owners’ obligations to nominate a bank account into which payment could be made pursuant to the contractual purchase option.

24-01-2023 / Insurance

An insurer that paid out on a claim brought by its assured, the buyer of aircraft under an English law sale contract, has been prevented from making a recovery against the seller because the sale contract incorporated a widely worded no-assignment clause.

19-12-2022 / Maritime

In a charterparty dispute, the Court has declined to grant an anti-enforcement injunction in respect of foreign proceedings because it found that there was no binding arbitration agreement between the parties. The decision also highlights that delay can be a bar to the grant of an anti-suit injunction. Read Peter McNamee and Reema Shour’s article for an analysis of the Court’s conclusions.

15-11-2022 / Maritime

In September 2022, the UK Law Commission published a consultation paper with provisional recommendations for updating the Arbitration Act 1996 (the Act 1996). Amongst other things, the Law Commission considered whether any changes need to be made to: (i) s.67 of the Act 1996, which deals with jurisdictional challenges to arbitral awards; and (ii) s.69 of the Act 1996, which deals with appeals on points of law.

09-11-2022 / Maritime

Mur Shipping BV v. RTI Ltd [2022] EWCA Civ 1406 A majority of the Court of Appeal has held that the Owner under a contract of affreightment (COA) should have accepted payment of freight in Euros, rather than the US dollars provided for in the COA. Its refusal to do so meant that the Owner could not rely on the force majeure clause in the COA, in circumstances where US sanctions might have restricted US dollar transfers from or on behalf of the Charterer.

01-11-2022 / Maritime

Trafigura Maritime Logistics Pte Ltd v. Clearlake Shipping Pte Ltd (Miracle Hope) [2022] EWHC 2234 (Comm) This cargo misdelivery claim gave rise to various issues under the letters of indemnity (LOIs) that had been given in order to secure delivery of the cargo without presentation of the original bills of lading.

25-10-2022 / Maritime

The dispute in this case highlights the potential pitfalls involved in validly terminating a contract. In such cases, it is important to consider what rights of termination might be available, whether contractual or at common law or both, and what are the requirements for valid termination in either or both cases.

17-10-2022 / Maritime

Argentum Exploration Ltd v. The Silver and all persons claiming to be interested in, and/or have rights in respect of, the silver (SS Tilawa) [2022] EWCA Civ 1318 The Court of Appeal, by a majority, has upheld the Admiralty Court decision that the Republic of South Africa (RSA) was not entitled to assert a claim of state immunity in respect of in rem proceedings brought by salvors concerning a cargo of silver bars recovered from the seabed 75 years after the sinking of the carrying vessel.

07-10-2022 / Maritime

On 22 September 2022, the UK Law Commission published a consultation paper containing proposed law reforms to the Arbitration Act 1996 (the Act). The UK Government asked the Law Commission to review the Act to ensure that it is fit for purpose and that it continues to promote the UK as a leading destination for commercial arbitrations.

13-09-2022 / Maritime

“Our vision is that the UK in 2030 will continue to be a leading responsible and democratic cyber power, able to protect and promote our interests in and through cyberspace in the support of national goals.”

15-08-2022 / Maritime

The publication provides in-depth analysis of laws and regulations across 34 jurisdictions and features two expert analysis chapters, discussing recognition of electronic trade documents and the maritime industry.

02-08-2022 / Maritime

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.

20-07-2022 / Maritime

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.

20-06-2022 / Maritime

On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.

14-06-2022 / Maritime

Paul Knapfield v. C.A.R.S. Ltd & others [2022] EWHC 1437 (Comm) Disputes under the Carriage of Goods by Road Act 1965, which incorporates the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), do not come up very often. This decision is, therefore, useful in illustrating when and how the CMR applies. In this case, the Court found that the CMR limit of liability applied to the claimant’s claim, with the result that his losses far exceeded the amount he could ultimately recover from the carrier.

04-05-2022 / Maritime

Unicredit Bank AG v. Euronav NV (Sienna) [2022] EWHC 957 (Comm) This was a claim brought by a bank that financed the purchase of a cargo and subsequently sought to recover damages for misdelivery following discharge of the cargo without production of the original bill of lading. The claim failed because, in the circumstances of this case, the bill of lading that had been endorsed to the Bank did not contain or evidence the contract of carriage in respect of the cargo.

27-04-2022 / Maritime

In a charterparty dispute, the Court has set aside part of an arbitration award on the grounds that the arbitrator reached a conclusion that was contrary to the common position of the parties, and for which neither party contended, without providing an opportunity for the parties to address him on the issue. In the circumstances, this represented a failure to conduct the proceedings fairly. The decision provides useful guidance on how to proceed where a tribunal makes an obvious mistake in its award but declines to remedy it.

21-03-2022 / Maritime

This dispute, arising out of the sale and purchase of a quantity of crude oil, involved a number of contractual issues that commonly arise in commodities cases. Among other things, the Court considered what the terms of the sale contract were, whether there was a breach of the quality provisions and what was the appropriate measure of damages. Interestingly, the Court decided that this was not a “battle of the forms” scenario so the “last shot” doctrine did not apply in determining when the agreement was concluded and on what terms.

02-03-2022 / Maritime

Following recent developments in Ukraine, the international community has acted quickly in introducing sanctions against Russia, targeting a number of Russian entities and Russian individuals, including specified shipping companies and their vessels, as well as financial institutions. Key are the US, EU and UK sanctions against Russia. The scope of these sanctions is continuously evolving in response to the escalating situation and it is important for those who may be impacted to keep a close eye on daily developments.

24-02-2022 / Maritime

Aramco Trading Fujairah FZE v. Gulf Petrochem FZC (MV Kronviken) [2022] EWHC 288 (Comm) This case is another example of the English courts dismissing unmeritorious challenges to letters of indemnity (LOIs) issued against delivery of goods without production of original bills of lading. The message is clear: the English courts will not entertain unwarranted attempts to avoid obligations under a valid and enforceable LOI.

25-11-2021 / Maritime

The recent, and very important, UK Supreme Court decision in Alize 1954 & another v. Allianz Elementar Versicherung & others (CMA CGM Libra) [2021] UKSC 51 has provided a timely and salutory reminder to shipowners and operators of the importance of being able to demonstrate that their ship is seaworthy if they are successfully to defend claims brought against them by cargo interests and others.

24-11-2021 / Maritime

Navig8 Chemical Pools Inc v. Aeturnum Energy International Pte Ltd (Navig8 Ametrine) [2021] EWHC 3132 (Comm)

19-10-2021 / Maritime

On 31 December 2020, the Brexit transition period ended. As a result, the UK’s regime for recognising and enforcing judgments within Europe ceased to be governed by the Brussels regime, primarily the recast Brussels Regulation (EU member states), and the Lugano Convention 2007 (EU member states, Iceland, Norway and Switzerland).

04-08-2021 / Commodities & Trade

PBO v. DONPRO & others [2021] EWHC 1951 (Comm)

02-07-2021 / Maritime

Eastern Pacific Chartering Inc v. Pola Maritime Ltd (Divinegate) [2021] EWHC 1707 (Comm)

29-04-2021 / Maritime

In this case, the Sellers under a sale contract jumped the gun and found themselves in breach when they purported to terminate the contract prematurely on the ground that they (mistakenly) considered the Buyers were in repudiatory breach. Parties in a similar situation should be wary of falling into the same trap.

03-12-2020 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

16-09-2020 / Maritime

K Line Pte Ltd v. Priminds Shipping (HK) Co Ltd (Eternal Bliss) [2020] EWHC 2373 (Comm)

20-08-2020 / Maritime

United Kingdom covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.