Clyde & Co Shipping Newsletter – March 2016

Communication, Company Profiles, Insurance and Reinsurance, Legal, Marine Insurance — By on March 31, 2016 at 9:41 AM

CLYDECO 31march2016Written by legal experts, Clyde & Co’s Shipping Newsletter is a regular publication which reports on recent legal developments and issues of general interest to the marine sector.

In this issue,  Andrew Gray reviews the unusual collision case of NORDLAKE/ SEAEAGLE where liability for the collision between a containership and an Indian warship was apportioned between those two vessels and a further two warships.

In the “OCEAN VIRGO”,  Peter Ward examines the High Court decision over what constitutes an admissible period of good weather in the context of an owner’s performance warranty for speed & consumption.

Tom Gorrard-Smith and Elgan Rees Williams write about the Supreme Court decision in BAT A/S and others v (1) Kazemier Transport BV (2015) on the issue of jurisdiction over successive road carriers under the CMR Convention.

Chris Metcalf and Jason Barnes look at the “BAO YUE” case where the High Court found that the bill of lading holder was liable to reimburse the shipowner for three and a half years of storage charges, the cost of which exceeded the cargo value.

Ivanna Dorichenko analyses the decision in Ramburs Inc. v Agrifert SA (2015). Here, the court revisited GAFTA contracts to give fresh guidance on the rules for nomination and substitution of vessels by FOB buyers.

Leon Alexander considers the decision in the case of Trafigura v Taci Oil International (2015) which concerned a dispute over a delayed payment of a cargo of gasoil.

Finally,  Heidi Watson and Mark Howard look at the question in R (Fleet Maritime Services (Bermuda) Limited) v The Pensions Regulator (2015) on whether seafarers who work on vessels which spend all or most of their time outside the UK qualify for automatic enrolment into a UK-based pension scheme.

What’s new?

  • The “NEW FLAMENCO” – The Court of Appeal holds that the benefit arising from the sale of a vessel can reduce the claim for repudiation of a charterparty. Written by Elizabeth Turnbull and Marcia Perruca
  • A pocket guide to English Law of shipbuilding – Clyde & Co’s ‘A pocket guide to English Law of shipbuilding’ aims to provide you with a high level insight into key legal issues in relation to shipbuilding and offshore construction.
  • APAC Marine & Trade newsletter – January 2016
  • The Rollback of Iranian Sanctions: what does this mean for trade and commodities? As reported in our update of 17 January 2016, the lifting of EU sanctions following Implementation Day is expected to trigger a substantial increase in trade between western companies and their Iranian counterparts. Written by Michael Swangard and Anousheh Bromfield
  • In-short – Edition 2 – Trade and commodities newsletter

For further information about any of the issues raised in this newsletter, please do not hesitate to speak to your usual contact or the authors listed herein. You can also email us at info@clydeco.com

Editors: Miranda Karali,  Judith Pastrana

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