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Article 12/02/2021
The Court of Appeal has recently handed down judgment, overturning the decision of the Commercial Court, in The Eternal Bliss. The case came before the courts as a preliminary issue to determine whether demurrage constitutes liquidated damages for all the consequences of the charterer’s failure to load or unload cargo within the permitted laytime, or only some of them.
Article 11/29/2021
Ship arrest procedure in Ireland is quick, straightforward, and requires no security from the arresting party. However, it is important to consider the jurisdictional basis of each claim to ensure there is a right of arrest - and avoid a potential liability for wrongful arrest.
Article 11/29/2021
In the latest episode of Insurance Post TV, experts across the insurance sector preview the COP26 climate summit in Glasgow, which took place from 31 October until the middle of November.
Article 11/25/2021
The UK Government’s consultation on maritime autonomy regulation closed this week. Kennedys submitted a response commending the recognition of the need to update the current regulatory framework, but urging caution in respect of potential additional risks to insurers arising from the government’s proposals.
News 11/10/2021
Kennedys is recognised as a top-band firm in the latest guide to leading law firms and lawyers across the UK.
Case review 11/03/2021
It is a particular problem when a number of insurers subscribe to a policy but only some of that market wishes to pursue its rights of subrogation. Can one insurer’s reticence to join proceedings prevent the rest of the market from pursuing its rights?
Article 11/02/2021
In this briefing, we consider some recent decisions addressing issues including sanctions clauses in LOUs, appropriate time zones when calculating demurrage notice periods and safe navigation duties for ports and ship owners.
Article 11/02/2021
Autonomous technology is being embraced by the maritime industry. It provides solutions to many difficulties facing the sector, including the demand for efficiency, sustainability and coping with a dwindling work force. However, its use also raises questions around liability and additional risks for the operators and their insurers.
Case review 11/01/2021
Previously, the English courts have had to address what supporting documents are required in order to meet certain provisions, however in the recent case of the MT Maria, the English High Court had a different problem to grapple with: which time zone is relevant for the purposes of determining when discharge was completed, to identify when the time limit would expire?
Case review 11/01/2021
A recent Irish Admiralty Court judgment analysed the responsibilities of a port and a ship following a grounding in an entrance channel, by balancing with the duties of the port with those navigating the ship, including the pilot. The judgment includes a detailed consideration of English case law and may resonate in other common law jurisdictions.
