News and thought leadership
Subscribe to our latest updates, reports and upcoming events. Subscribe >
Showing 1 - 10 of 258
Marine and logistics report 2023: trends and future risks
In this report, we examine the priority topics that insurers in the marine and logistics sectors need to consider to ensure business resilience.
Case review 23/02/2023
The “THORCO LINEAGE” provides clarification of limitation under the Hague Visby Rules
In an important judgment clarifying the construction and application of the limit of a carrier’s liability under Article IV(5)(a) of the Hague-Visby Rules, the Commercial Court (declining to follow an earlier controversial decision in The “LIMNOS” ) held that the limit of liability is to be calculated by reference to the weight of goods which have suffered both physical and/or economic loss.
Marine Brief: latest decisions February 2023
In this briefing, we consider some recent decisions covering limitation for economic damage to cargo under the Hague Visby Rules, the use of anti-suit injunctions to overturn a non-English court judgment, and limitation of liability under the Convention on Limitation of Liability for Maritime Claims 1976.
Case review 22/02/2023
MSC Flaminia provides helpful guidance on the right of a carrier to limit liability
In November 2022, the Admiralty Court was asked to consider whether a charterer was able to limit its liability to the vessel owner under the Convention on Limitation of Liability for Maritime Claims 1976. Due to the number of issues considered, the judgment is a welcome clarification and restatement of the law.
Kennedys responds to call for evidence on Electronic Trade Documents Bill
As the UK Government consults on the proposed legal reform, we consider some of the practical issues that may arise as technological systems compel a renewed approach.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or a longshoreman, which determination is based on the individual's job duties, the nature of their work, and the specific circumstances under which the individual is employed, is critically important. The Jones Act, 46 U.S.C. § 688, and the Longshore and Harbor Workers' Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., each provide different legal protections and remedies for workers who are injured on the job.
Kennedys appointed to core Aviva UK GI claims legal panel following a strategic review
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
Free pratique – more than a formality?
Free pratique is permission given by a port for a vessel to enter once it has been certified free of infectious disease by the competent health authorities. It is required for the vessel to be determined legally ready to load or discharge the cargo, thereby allowing the tender of the vessel’s Notice of Readiness (NOR) and is thus important for the calculation of laytime and demurrage.
Case review 11/11/2022
Time Bars under the Hague-Visby Rules and misdelivery by a carrier after discharge
The Commercial Court considered an arbitration tribunal decision that found that the time bar in Article III rule (6) of the Hague Visby Rules (HVR) does apply to misdelivery claims after the discharge of cargo.