Case Summaries
Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016]
“Where bills of lading were subject to English law and applied the Hague Rules, Owners sought but failed to obtain a declaration that "suit" in Article III rule 6 meant "suit in a jurisdiction applying the Hague Rules" such that proceedings by cargo interests at the place of delivery, Morocco (which applies the Hamburg Rules), did not interrupt the time bar.”
(2016) 960 LMLN 3— London Arbitration 25/16
“In a laytime and demurrage dispute between Owners and Charterers, it was held that where all four hatches of a vessel were available for work and at Charterers' disposal, "weather working days...basis 4 hatches" did not allow Charterers to deduct time from laytime for those hatches not used when Charterers/shippers did not have the labour or cargo to work them.”
(2016) 960 LMLN 2— London Arbitration 24/16
“After being off hire due to a failed holds' inspection, it was held that Owners would also be obliged to compensate Charterers for the further delays caused in having to re-enter the berthing queue, as these were directly related to Owners' breach in not providing clean holds.”
(2016) 959 LMLN 1— London Arbitration 22/16
“Owners were not allowed to claim costs from Charterers via the Piracy Clause for the employment of armed guards since Owners ignored Charterers' orders, which would have enabled the vessel to avoid areas of piracy and danger to the vessel.”
Fiona Trust & Holding Corporation v Privalov & Ors [2016]
“A defendant found in the substantive proceedings to have been dishonest could nevertheless claim damages if a freezing order was wrongly obtained against him, and he has suffered loss through his funds being unavailable to him fora long period.”
Enterprise Act 2016: Amendments to the Insurance Act 2015
“Further to Part 5 of the Enterprise Act 2016 an additional section (s.13A) will be added to the Insurance Act 2015 establishing an implied term in every contract of insurance (and reinsurance) that a claim must be paid within a "reasonable time"; otherwise, policyholders will be able to claim damages if an insurer's unreasonable delay causes additional losses. The provisions of the Enterprise Act 2016 will come into force on 4th May 2017.”