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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].

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].

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.

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.

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.

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].

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

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.

Perspective - Blog

Court rejects "capital" punishment

Published on 07 Nov 2014.

Appeal considers relevance of ship sale following early redelivery

Perspective - Blog

AIS assisted collisions

Published on 06 Nov 2014.

The term "VHF assisted collision" is not new.

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.

Perspective - Blog

Hong Kong's top court confirms loss of cover

Published on 03 Nov 2014.

The importance of complying with insurance warranties

Perspective - Publication

Hong Kong Courts – In with the old and the new technology

Published on 15 Apr 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.

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Perspective - Blog

A matter of interpretation – the Supreme Court look at contractual interpretation once more

Published on 24 Feb 2023. By Poppy Hay, Associate and Laura Stocks, Partner

In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.

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.