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Just maritime
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Reasonableness of choosing a more expensive repair yard following a collision
Following a collision between ships - even after getting the apportionment heavily in one's favor, claiming for losses sustained may not...
Oct 20, 20191 min read
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Change in ownership after summons had been issued, precludes ship arrest?
When Hanjin Shipping collapsed in 2016, the creditors, foreseeing sale of Hanjin fleet, scrambled to have writs of ship arrest issued in...
Sep 8, 20191 min read
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SCOPIC costs alongwith salvage charges to be included when deciding a vessel is CTL?
If the ship is not financially worth repairing after suffering damage in an accident then it is deemed to be a constructive total loss...
Aug 4, 20191 min read
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Purchasing a ship? Check if it is free of pre-existing debts
Judicial sale of a vessel usually results in her being sold ‘free and unencumbered’. It would come as quite a shock to the buyer if it...
May 12, 20191 min read
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Asbestos & role of equipment manufacturers
Do equipment manufacturers have a duty to warn when their product requires incorporation of “asbestos” for insulation in order for the...
Apr 7, 20191 min read
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Unreasonable delay in exercising maritime lien can extinguish it
In the present age we don’t often see owners relying on the ‘doctrine of laches’ to defeat a maritime lien primarily because the...
Dec 16, 20181 min read
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Forum shopping for limitation following a collision - Sanchi & CF Crystal
There is no natural forum for a collision case and this can lead to multiplicity in proceedings as was seen most recently in The Sanchi....
Nov 25, 20181 min read
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An offshore supply vessel using a towfish - is a towing vessel? (Tesla's involved too!)
Every now and then courts have had to decide whether a particular water craft is a ‘ship’/vessel under the relevant maritime statute....
Oct 28, 20181 min read
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Capesize bulker awarded for salvage of a smaller general cargo vessel
When a judgement starts like this: “The mythological Norse god, Thor, wielded a hammer and…was associated with…thunder, lightning and...
Oct 7, 20181 min read
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Passenger claims on cruise ships - most appropriate forum for brining disability claim (UK or China)
A few months ago, China got its first ever case concerning cruise passenger injury on high seas. In The Saphire Princess a Chinese...
Sep 23, 20181 min read
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Flag of a State painted on the hull - an indication of vessel's registry?
A painted flag does not fly! That was what came out of The Siempre Malagrita [2018]. USCG had stopped a vessel (rather small in size) in...
Aug 26, 20181 min read
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Forum for bringing a collision claim - is the place of incident more appropriate?
Collisions and available forums for bringing claims – The Al Khattiya [2018] provides useful guidance. The defendant’s vessel collided...
Aug 12, 20181 min read
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