Shipping case digest - April 2017
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Welcome to this month’s edition of our shipping case digest, providing you with concise and useful summaries of recent legal decisions in the shipping market.
The Maersk Tangier: package limitation for containerised cargoes considered for the first time
In this case, the High Court considered, for the first time, package limitation for containerised cargoes under the Hague-Visby Rules. The court also considered the applicability of the Hague-Visby Rules where waybills were issued instead of bills of lading… read more
Nautical Challenge -v- Evergreen Marine: collision between “ALEXANDRA 1” and “EVER SMART”
In this Admiralty Court case Mr Justice Teare considers apportionment of liability for a collision between two vessels in or near to the narrow channel that serves as the entrance and exit to port Jebel Ali. The judgment also deals with the importance of electronic and witness evidence in collision cases… read more
Taylor -v- Van Dutch: the effect of freezing orders on the rights of third parties to enforce against frozen assets
The court considered a secured creditor’s application to vary the terms of a freezing order, so that it would be free to enforce its rights against the frozen assets… read more
OMV Petrom SA -v- Glencore International AG: Part 36 offers and enhanced interest
The Court of Appeal has recently considered the straightforward but important point concerning the interest the court might award when a claimant’s CPR Part 36 offer was rejected but the claimant later achieved a greater award at trial… read more