Liability to pay under marine cargo policy

Margaret E Campbell of Reed Smith has reported on a case in which the Commercial Court in London presided over by Justice Teare found that sanction limitation and exclusion clause did not permit insurers to avoid payment under a marine cargo policy in respect of a stolen cargo of steel billets. The policy was a…

Wellington ferry skipper fined NZ$1,688 after grounding

Iain David Wilson, skipper of one of Wellington’s East by West ferries has been fined NZ$1,688 (US$1,159) after speeding and grounding passenger ferry City Cat, Maritime New Zealand has reported. Maritime NZ Central Region Compliance Manager Michael-Paul Abbott said that the ferry grounded on a rock at Karaka Bay at 17 knots in a 5…

IMO 2020: Legal Considerations For Unprecedented Changes

Wole Olufunwa, Senior Associate at legal firm HFW has written that the recent spate of vessel bunker contamination cases in the US Gulf and Singapore had brought into sharp focus the unprecedented standards to be affected by MARPOL Annex VI (commonly referred to as IMO 2020): the implementation of a global cap of 0.5% sulphur…

US federal government sues Juneau artist over sunken tugboat

The US federal government is suing a Juneau, Alaska, artist for $2.5m in recompense for money spent to raise sunken tugboat Challenger from Gastineau Channel in 2016. The Aviation, Space and Admiralty Litigation section of the US Department of Justice filed in Alaska’s US District Court, seeking $2.5m from Robert Robinson, whose artistic name is…

Owner claims against ship manager after California ballast fine

A claim recently handled by professional indemnity insurer International Transport Intermediaries Club (ITIC) illustrated how any failure to keep proper onboard records of regulatory and legislative changes can have costly consequences for shipowners and their intermediaries. ITIC reported that the crew of a ship that frequently traded to US ports found themselves in contravention of…

Enforcing judgment in China made simpler with new Singapore Judicial Agreement

Legal firm Clyde and Co has said that the recent signing of a Memorandum of Guidance (MOG) between the Supreme Court of Singapore and the Supreme People’s Court (SPC) of the People’s Republic of China should make enforcements of money judgements simpler in the other country’s courts. June (Junghye) Yeum, Partner and Gerald Leong, Associate,…

What is a reasonable salvage settlement? Australian law

Kirsten James, associate at legal firm HFW, has written that it is not often that an Australian court considers as many maritime law issues as were examined in the recent Federal Court judgment, Mount Isa Mines Ltd v The Ship Thor Commander [2018] FCA 1326. James said that the judgment was particularly noteworthy because it…

Captain of sunken duck boat faces federal charges

The captain of World War II-style tourist duck boat Stretch Duck 7, which sank on Table Rock Lake, Branson, Missouri during a sudden storm on July 19th, leading to the death of 17 of the 31 passengers on board, has been charged by a federal grand jury with misconduct, negligence and inattention to duty. Kenneth…

Vietnam Appeal Court stops enforcement of Singaporean arbitration

Fiona Li, Steamship Mutual Claims Manager, Hong Kong office, has reported on a case where, in a shipowner’s application supported by the Club, a Singaporean arbitration award was sought to be enforced against a Vietnamese defendant. The First Instance Court in Vietnam enforced the Award, but an Appeal Court overturned that decision, and the Supreme…

Standard Club urges caution on continuing seaworthiness contract terms

Standard Club has said that from time to time members had been offered contractual terms with counterparties that required the shipowner to provide a continuing warranty of seaworthiness for the entire duration of the voyage. The Club’s managers aid that, should this situation arise, the club would urge members to exercise caution before entering into…