We start the September bulletin with an article from our Melbourne office concerning a recent appeal court case that considered the issue of precisely when a new build vessel becomes a ship and when ownership passes in relation to the vessel.
In the next article two cases are reviewed that emphasise boththe power and the limits of the English Court to assist a party where its opponent has progressed a claim in another jurisdiction in breach of an exclusive English law and jurisdiction clause.
The next two articles consider two risks that can commonly arise in shipping – damage to cargo, and delay. The first article,  SFL HAWK, explains the reasoning of the English Court in deciding that the carrier was obliged to pay twice for damage to the same cargo. In the second, an arbitration, the vessel was delayed because she was undergoing repairs, however, the charterers were neither able to place the vessel off-hire nor claim demurrage from their sub-charterers.
Should you require any further information or assistance with any of the issues dealt with here, please do not hesitate to contact any of the contributors to this bulletin, or your usual contact at HFW.
Our shipping lawyers provide a comprehensive service to the global maritime business community. We have over 200 lawyers and 13 Master Mariners worldwide, specialising in maritime law, reflecting our long involvement in this field. » Read more
Our specialist travel, cruise and leisure lawyers provide multidisciplinary expertise in shipping, aviation, travel law, regulatory compliance, company/commercial matters, dispute resolution, health & safety, crisis management, IT/IP and data protection. » Read more
Whilst every care has been taken to ensure the accuracy of this information at the time of publication, the information is intended as guidance only. It should not be considered as legal advice.
Holman Fenwick Willan LLP is the Data Controller for any data that it holds about you. To correct your personal details or change your mailing preferences please use the links provided or contact Craig Martin on +44 (0)20 7264 8109 or at craig.martin@hfw.com.