Crystal Gold shipbreaking causing legal dispute

The Crystal Gold, which broke loose from its moorings at Chattogram (Chittagong) Port’s outer anchorage and ran aground near Parki beach ran aground at Chattogram’s Parki Sea Beach, Bangladesh in 2017 during cyclone Mora, remains in situ, threatening the environment, reports local paper Daily Star. Legal complications had stalled any moving of the vessel to…

No requirement of a cross-undertaking in damages when arresting a vessel

The Court of Appeal in Stallion Eight Shipping Co. S.A. v Natwest Markets plc (The MV Alkyon) [2018] has upheld a lower court decision that an in rem claimant was not required to provide a cross-undertaking in damages for the loss resulting from the arrest of a vessel, unlike a claimant seeking a freezing injunction….

The Aries rule held not to apply to freight forwarders

Johanna Laban, Claims Executive at Standard Club, has written on a February Commercial Court case which found that a ruling in a 1977 case, under which freight always had to be paid (and claims could not be set off against it), did not apply to freight forwarders. On February 19th 2019 Nicholas Vineall QC, sitting…

Carnival Corp faces possible temporary blocking from docking in US ports

A federal US judge has warned that she might block temporarily Miami, Florida-based Carnival Corp from docking cruise ships at ports in the US as punishment for a possible probation violation. The Miami Herald reported that Judge Patricia Seitz said last Wednesday April 10th in a preliminary status conference that she would make a ruling…

Case law update – the battle for jurisdiction

Oslo, Norway-based marine insurer Skuld has published a piece on the thorny topic of whether or not a court has jurisdiction in any particular case. While on the face of it this was a relatively simple concept, it was in practice, and particularly in the context of the shipping and offshore industries, “an incredibly complex…

How soon is sufficiently prompt?

Steamship Mutual’s Agapi Terzi, Syndicate Executive, Americas Syndicate has written on a US case that looked into the legal interpretations of the term “prompt”. On December 19th 2018, in David J Randle v Crosby Tugs, LLC, the US Court of Appeal for the Fifth Circuit affirmed the District Court summary judgment in favour of the…

English principle of compensation stops Owner being awarded damages

In Classic Maritime v Limbungan [2018] EWHC 3489 (Comm) Constantin von Hirsch, Syndicate Executive, Eastern Syndicate, Steamship Mutual, reported “a reminder that the compensatory principle that underpins any award of damages under English law can produce unanticipated results when applied to the particular facts of a case”. The Owner in this case won the legal…

DP World awarded $385m compensation in Djibouti port dispute

A London Court has awarded global ports operator DP World $385m in compensation  after the government of Djibouti excluded DP World from previously-agreed development opportunities. Including unpaid royalties the award will total $533m. In February 2018 Djibouti’s government unilaterally terminated DP World’s lease for the operation of DCT, the country’s main primary container terminal, situated…

Maritime NZ: Bulker Captain pleads guilty over safety breaches

The captain of bulk carrier Spinnaker SW (IMO 9580003) has pleaded guilty over unsafe work practices, according to a local report. Maritime New Zealand charged Captain Jianxi Chen on March 29th with permitting dangerous activity involving ships or maritime products under section 65(2) of the Maritime Transport Act 1994, reports Scoop NZ. The Captain was…

UK Supreme Court rules on the burden of proof in cargo claims

In the Volcafe case the UK Supreme Court has ruled on how the burden of proof lies when it comes to cargo claims. Norwegian marine insurer Gard has said that carriers should ensure that they implement solid and diligent record-keeping routines of what is declared and known about the specific cargo to be carried, and…