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In this briefing, we consider some recent decisions covering wilful misconduct under the CMR, apportionment of liability under the Collision Regulations, the construction and scope of indemnity cover of mortgagee's interest insurance policies and the power of a ship’s master to arrest or confine a person on a ship at common law.
Case review 07/07/2022
The Admiralty court handed down judgment on 20 May 2022 in Wilforce LLC v Ratu Shipping Co.SA in which it considered the scope and application of the Collison Regulations’ crossing rules and where they should, or should not, be overridden.
In this briefing, we consider some recent decisions addressing issues including who is the operator of a vessel, general damages and demurrage, and passage planning and unseaworthiness.
In the latest edition of Who’s Who Legal’s annual global Transport and Professional Negligence guides, 22 Kennedys lawyers have been recommended as ‘Global Leaders’ across eight countries (Belgium, France, Peru, Singapore, Spain UAE, UK, and the US).
Case review 23/12/2021
In this case, the Admiralty Court provides helpful clarification as to who should be considered an ‘operator’ for the purposes of limitation.
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.
In this briefing, we consider some recent, global decisions addressing issues including: the application of the Collision Regulations; a Master’s responsibilities when presented with a draft bill of lading; a statutory moratorium’s effect on in rem writs in Singapore; the general average position when insurance provisions are contained in the contract of carriage; and the interpretation of letters of undertaking wordings.
In this briefing, we consider some recent, global decisions addressing issues including: multiple collision liability; the correct defendant when vessel ownership has changed; charterers’ liability for additional heads of loss; service by email on an unattended vessel; and a representative action application in Hong Kong.
Case review 06/08/2020
On 5 August 2020, the High Court handed down its judgment on applications to set aside service of two sets of English proceedings for lack of jurisdiction. The judgment provides useful guidance on the jurisdictional rules applicable to consumers under European law, especially in the context of transport-related contracts.
We consider some recent decisions addressing issues including: limitation of liability for marina or dock operators; who is the ‘operator’ of a vessel; parties’ obligations under a chain of letters of indemnity and; interpretation of maritime contracts according to the US Supreme Court.