Skip to main content

Search results

177 results ordered by

Perspective - Blog

Payment against letters of indemnity – is it safe?

Published on 03 Jul 2017.

In the commodity trading world, it is traditional for payment to be made by the buyer against the presentation by the seller of certain shipping documents including bills of lading. That is the case whether payment is to be made under a letter of credit (LC) or by direct tender of documents to the buyer. However, a common practice has developed, particularly in the oil trade, for parties to agree in their contracts that the seller may, instead of presenting shipping documents to trigger payment, present a letter of indemnity instead. But there are risks to the buyer in paying against such letters of indemnity.

Read more
Perspective - Blog

"NEW FLAMENCO" – Supreme Court reverses Court of Appeal

Published on 30 Jun 2017.

In a shock decision, the Supreme Court has allowed shipowners' appeal in the "NEW FLAMENCO". The Supreme Court held that the sale of the ship following the repudiation of the charterparty was not an act in mitigation, and was not relevant to the calculation of damages for breach of contract.

Read more
Perspective - Blog

Pushing the (port) limits

Published on 11 May 2017.

The recent case of Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS [2017] EWHC 116 (Comm) essentially re-affirmed the principles set out in the well know case of The Joanna Oldendorff [1973] 2 Lloyd’s Rep 285, dealing with when a vessel was an arrived ship and what must be considered in deciding the limits of the port. However, as this case demonstrates, it remains a matter of fact as to whether a vessel is within the port limits or not.

Read more
Perspective - Blog

"Fraud unravels all" – or does it?

Published on 20 Feb 2017.

The English Commercial Court has upheld the enforcement of a foreign arbitration award against a buyer of goods even though the seller submitted forged bills of lading under the letter of credit

Read more
Perspective - Blog

Security for costs – be reasonable!

Published on 07 Feb 2017.

A recent Judgment in Hong Kong on a security for costs application reinforces the wide discretion of the Court as to the form and quantum of security which should be accepted

Read more
Perspective - Blog

An acceptable degree of uncertainty

Published on 26 Oct 2016.

Certainty, we are told, is a good thing, as a matter of both legal principle and commercial common sense. Certainty means predictability, which companies and merchants value because it allows them to plan and make decisions in the knowledge of the likely outcomes. This has been a major feature of English commercial law since at least the time of Lord Mansfield.

Read more
Perspective - Blog

Supreme Court clarifies the impact of a "collateral lie" made by an assured during the claims process

Published on 12 Aug 2016.

The Supreme Court has ruled that a lie told by an assured during the course of a claim presentation will not necessarily invalidate the assured's right to recover under his insurance.

Read more
Perspective - Blog

Take it to the limit (but no further)

Published on 06 May 2016.

In a recent judgment handed down on 12 April 2016, the Hong Kong Admiralty Court examined whether or not crew members' acts or omissions could be regarded as a shipowner's personal acts or omissions for the purposes of breaking limitation under the Convention on Limitation of Liability for Maritime Claims 1976 ("LLMC") [FN1].

Read more
Perspective - Blog

What's in a name? Time Charter Trips explored

Published on 25 Apr 2016.

The time charter trip or "TCT" is a common hybrid, with attributes of both time and voyage charters.

Read more
Perspective - Blog

Is arbitration stifling the common law?

Published on 31 Mar 2016.

Recent comments by the Lord Chief Justice of England & Wales have reignited a debate over the balance between finality in arbitration and consideration of important points of law by the Courts.

Read more
Perspective - Blog

Down in Flame(s)

Published on 29 Feb 2016.

What is the value of money? In a recent Commercial Court decision, it was held that the right to redirect the payment of money (or to give it away) is as valuable as the right to have the money paid into one's own bank account.

Read more
Perspective - Blog

Keep your word! Hong Kong Court enforces indemnity for delivery of cargo without original bills

Published on 15 Feb 2016.

Shipowners are well aware of the perils of releasing cargo without production of an original bill of lading. In particular, they are likely to lose P&I cover in the event of a misdelivery claim.

Read more
Perspective - Blog

Arbitrations and anti-suit injunctions – a Hong Kong perspective

Published on 26 Jan 2016.

In some jurisdictions (notably Mainland China and Australia), local law does not give effect to the incorporation of arbitration clauses into bills of lading.

Read more
Perspective - Blog

The "NEW FLAMENCO" – back in step

Published on 15 Jan 2016.

Court of Appeal overturns High Court and holds that a 'capital' benefit obtained following the sale of a vessel on her early redelivery can reduce a damages claim for repudiatory breach of charterparty.

Read more
Perspective - Blog

Speed & Consumption – good weather daze?

Published on 05 Jan 2016.

The High Court of England & Wales has overturned an arbitration Award in a rare appeal on a performance dispute[1].

Read more
Perspective - Blog

Anti-suit injunctions – do not delay

Published on 16 Dec 2015.

The recent judgment of the English Commercial Court in Essar Shipping Ltd v Bank of China Ltd[1] has highlighted the importance of applying for anti-suit injunctions swiftly once the dispute arises.

Read more
Perspective - Blog

Ballast Water Management Convention likely to come in 2016

Published on 14 Dec 2015.

Three countries, Monaco, Indonesia and Ghana, ratified the IMO Ballast Water Management (BWM) Convention, during the recent IMO Biennial Assembly Meeting, in London.

Read more
Perspective - Blog

The "RES COGITANS" – still no relief for shipowners in OW Bunker saga

Published on 30 Oct 2015.

In an eagerly-awaited decision, the English Court of Appeal has unanimously upheld the conclusion of the Commercial Court (itself affirming a decision of London maritime arbitrators) that a bunker supply contract on the OW Bunker terms is not a "contract of sale of goods" to which the Sale of Goods 1979 Act applies[1].

Read more
Perspective - Blog

Damages for repudiation of a voyage charter

Published on 11 Sep 2015.

The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].

Read more
Perspective - Blog

Marine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?

Published on 04 Sep 2015. By Iain Anderson, Partner

We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.

Read more
Perspective - Blog

No relief for late commencement of arbitration

Published on 14 Aug 2015.

Once upon a time, if one was unfortunate enough to miss a contractual, as opposed to statutory, time limit for commencing arbitration, relief could be sought and often obtained from the High Court under Section 27 of the Arbitration Act 1950.

Read more
Perspective - Blog

When is a sale contract not a sale contract?

Published on 15 Jul 2015.

Most people reading this article would probably say that, even if they could not define a sale contract, they would know one when they saw it.

Read more
Perspective - Blog

Not just a question of timing – Supreme Court rules on the assessment of damages for premature cancellation

Published on 14 Jul 2015.

The Supreme Court has held that a party could only recover nominal damages for premature cancellation (repudiation) of a sales contract on GAFTA Form 49[1].

Read more
Perspective - Blog

Pushing the (tonnage) limits

Published on 17 Jun 2015.

This update highlights two recent changes in tonnage limits – one international, the other in Hong Kong.

Read more
Perspective - Blog

Charterparty arbitration clauses: too much of a good thing?

Published on 29 Apr 2015.

It is a fact of commercial life that, at least with the benefit of hindsight, contracts are not always drafted clearly.

Read more
Perspective - Blog

Enforcing jurisdiction agreements in the EU – Brussels casts out "abusive litigation tactics"

Published on 22 Apr 2015.

Disputes over jurisdiction (i.e. where a claim is heard and determined) are commonplace in shipping and international trade.

Read more
Perspective - Blog

New Compulsory Marine Liability Insurance Gives Shipowners and their Insurers the Blues

Published on 02 Apr 2015. By Iain Anderson, Partner

The Nairobi International Convention on the Removal of Wrecks 2007 comes into force later this month (18 April 2015 and 17 May 2015 for Malta and Tuvalu respectively, but 14 April 2015 for all other contracting states, including the UK).

Read more
Perspective - Blog

Hong Kong expected to introduce mandatory low-sulphur fuel regulations

Published on 12 Mar 2015.

Many vessels currently calling to Hong Kong voluntarily burn low-sulphur fuel, in return for financial incentives under a scheme introduced by the Government in 2012.

Read more
Perspective - Blog

An uncharacteristic appeal: Ocean Victory decision reversed

Published on 24 Feb 2015.

Charterers (and their insurers) concerned by the first instance decision in The "Ocean Victory" may rest a little easier following the successful appeal which saw Daiichi Chuo overturn a judgment of over US$130 million against them.

Read more
Perspective - Blog

Cocaine Haul Leads to Limitations on War Risk Exclusion

Published on 23 Dec 2014.

It is a sad fact that drug traffickers like to use ocean-going vessels to help them move their product.

Read more
Perspective - Blog

Singapore High Court allows extension of time in collision case despite multiple opportunities to arrest.

Published on 15 Dec 2014.

Following a collision between ORINOCO STAR and MELODY in Nigerian waters on 20 June 2011 and subsequent unsuccessful settlement negotiations between the parties, owners of the vessel MELODY issued a writ and proceeded to arrest ORINOCO STAR on 6 December 2013.

Read more
Perspective - Blog

OW Bunker update – Hong Kong company applies for winding-up

Published on 24 Nov 2014.

Hong Kong Court records available publicly today show that a Petition was presented last Friday to wind up O.W. Bunker China Ltd (a Hong Kong company).

Read more
Perspective - Blog

Bunker disputes – Bankruptcy of OW Bunker A/S and associated companies

Published on 19 Nov 2014.

We are receiving numerous enquiries regarding the fallout from the bankruptcy of OW Bunker A/S and certain associated companies.

Read more
Perspective - Blog

Container weight fraud

Published on 14 Nov 2014.

Container weights is a hot topic at the moment, with the IMO set to introduce new requirements for the verification of container gross mass.

Read more
Perspective - Blog

Court rejects "capital" punishment

Published on 07 Nov 2014.

Appeal considers relevance of ship sale following early redelivery

Read more
Perspective - Blog

AIS assisted collisions

Published on 06 Nov 2014.

The term "VHF assisted collision" is not new.

Read more
Perspective - Blog

New Safety and Health Guidelines to Protect Seafarers

Published on 06 Nov 2014.

The International Labour Organisation has agreed guidelines to assist governments in implementing occupational safety and health provisions previously set down in the Maritime Labour Convention 2006.

Read more
Perspective - Blog

Hong Kong's top court confirms loss of cover

Published on 03 Nov 2014.

The importance of complying with insurance warranties

Read more
Perspective - Blog

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner and Jessica Pease, Associate

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

Read more
Perspective - Blog

Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?

Published on 01 Apr 2021. By Rachael Healey, Partner and Ash Daniells, Senior Associate

The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.

Read more
Perspective - Blog

Right language, right place: What King Trader can teach us about the placement of language within insurance policy wordings

Published on 24 Jul 2024. By Tamsin Hyland, Partner

The recent High Court judgment of MS Amlin Marine NV on behalf of MS Amlin Syndicate AML/2001 -v- King Trader Ltd & others (Solomon Trader) [2024] EWHC 1813 (Comm) is the latest in a string of recent decisions that shine a light on the construction of insurance policy wordings.

Read more
Perspective - Blog

"Let form follow function" in insurance policy drafting: Technip, Project Angel and … the Bauhaus?

Published on 24 Jul 2024. By Tamsin Hyland, Partner

The Bauhaus is a fascinating art movement that emerged in Germany from the dying embers of the first world war. Showing up in architecture and product design primarily, at its heart were the principles of simplicity and usefulness and the imperative to create beautiful things through purposeful utilitarianism. A now ubiquitous phrase, that is a lasting legacy of the Bauhaus, underpinning many fundamental design ideas is this: "let form follow function".

Read more
Perspective - Blog

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner and James Ainsworth, Senior Associate

A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.

Read more
Perspective - Blog

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.

Read more
Perspective - Blog

Are you being smart with your connectable products?

Published on 26 Apr 2024. By Gavin Reese, Partner, Head of Regulatory and Andrew Martin, Associate

The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.

Read more
Perspective - Blog

Asbestos update: "implausible" deniability

Published on 14 Mar 2024. By Thom Lumley, Partner and Chris Gower, Senior Associate

The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible.

Read more
Perspective - Blog

Rise with RPC: Tips for developing your insurance network

Published on 13 Mar 2024. By Ella Crawley, Senior Associate

In the aftermath of the "Rise with RPC" event, we're immensely grateful to everyone who joined us, contributing to the dynamic exchange of ideas on "Building your insurance network." Here’s a distilled version of the top tips shared, each designed to be an actionable takeaway to apply in your professional journey.

Read more
Perspective - Blog

Finding joy in your job: insights from FIG's latest panel

Published on 26 Feb 2024. By Alexandra Anderson, Partner

On 21 February, RPC's inclusive insurance network, FIG, reconvened for a notable panel discussion, shedding light on the theme of "Finding joy in your job."

Read more
Perspective - Blog

In the familiar, lies the unseen

Published on 23 Feb 2024. By Tom Scanlon, Trainee Solicitor and Tamsin Hyland, Partner

We like to look at boilerplate language with fresh eyes and so taking the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 as a jumping off point, we consider the potential tensions, hidden to some extent in plain sight, between anti-assignment and subrogation rights and the take aways for those drafting insurance policy wordings.

Read more
Perspective - Blog

How should Financial Institutions manage the rise of non-financial misconduct?

Published on 19 Feb 2024. By James Wickes, Partner and Amber Oldershaw, Associate

Over the last few months, Parliament's Treasury Committee has sought to examine the many barriers faced by women in financial services through the aptly named "Sexism in the City" inquiry.

Read more

Stay connected and subscribe to our latest insights and views 

Subscribe Here