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Shipping Case Digest

Spring 2024

Commodities

Shipping Case Digest Spring 2024

Welcome to this quarter’s edition of our Shipping Case Digest, providing you with concise and useful summaries of recent legal decisions in the shipping market.

The Court has held that shipowners were entitled to claim an indemnity for constructive total loss of their vessel under the war risks policy, following on from the vessel’s detention for 18 months. Read more.

This decision provides useful guidance on the appropriate approach to charterparty “subjects” and the reading of fixture negotiations. The subjects agreed by the parties in this case precluded the existence of a binding charterparty. Read more.

The Admiralty Court has apportioned liability for a collision between two vessels in the Bay of Bengal at 70/30. In this instance, both vessels had been lying to anchor prior to, and had anchors deployed at, the time of collision. Read more.

In considering whether the material parts of the charterparty war risks regime were effectively incorporated into the bills of lading issued for the voyage in question, the Supreme Court has provided a useful reminder of the applicable principles on incorporation in this context. Read more.

The Court of Appeal has agreed with the Admiralty Court that there was no binding refloating services contract between the owners of the vessel and the salvors. The salvors had to bring their claim for salvage under the International Convention on Salvage 1989 and/or at common law. Read more.

The Court has granted a final anti-suit injunction to restrain Sri Lankan court proceedings brought by cargo interests against a P & I Club because their claims should have been brought in London arbitration. Read more.

The UK Office of Financial Sanctions Implementation has recently published an updated revised guidance to financial sanctions in the UK aimed at the maritime sector. Read more.

There is some industry concern that the requirements of the IMO’s Hong Kong Convention on Ship Recycling, which comes into force on 26 June 2025, may conflict with those under the UN’s Basel Convention and the Ban Amendment. Read more.

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