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Just maritime
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How 'excessive' must the marine growth be for bottom fouling clause to kick in?
Bottom fouling clauses are a standard feature of time charters. There are a variety of clauses and some make the transfer of burden for...
Sep 15, 20191 min read
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Exclusion clauses in B/L - the phrase 'howsoever arising' encompasses losses due to unseaworthiness?
Does a general exclusion clause in B/L cover loss/damage to cargo caused by negligence or unseaworthiness? The answer is quite...
Aug 11, 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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Significant wave height and Douglas scale - are not the same
Significant wave height and Douglas scale are two very different measures of sea conditions. If C/P contains reference to both then which...
Jul 21, 20191 min read
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Vessel captured by pirates - is hire suspended? (hint: it depends on the wording of the clause)
Once a vessel is hijacked by pirates, there are bound to be many commercial disputes. Hire payment is one of them, as seen recently in...
Apr 28, 20191 min read
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Bareboat charterers & class certificates
Are Bareboat charterers under an absolute obligation to maintain vessel’s class or merely have to take steps to reinstate expired class...
Mar 31, 20191 min read
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Crew member deliberately starting fire & Hague rules 'fire' defence against cargo claims
Crew member deliberately starting a fire! Can the shipowner avail the benefit of the fire defence in the Hague rules to exempt itself...
Mar 17, 20191 min read
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The terminology 'cargo claims' can encompass financial losses?
As matter of ordinary language ‘cargo claims’ typically refer to physical loss of or damage to cargo. But can ‘financial losses’ suffered...
Feb 24, 20191 min read
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Hold cleaning costs following carriage of a dirty cargo - claimable?
One longstanding principle of claiming damages for breach of contract, such as charterparty, is that the innocent party has to show what...
Jan 20, 20191 min read
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Appealing against Port State Control detention
It is not often we see a ship owner appealing against a PSC (Port Sate Control) detention order. Breaking the norm, owners of Cielo Di...
Jan 13, 20191 min read
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Cargo of coffee damaged by condensation & 'inherent vice' defence under Hague rules
A highly debated area - 'burden of proof in cargo claims', provided with much needed clarity last month by the UK Supreme Ct. in Volcafe...
Dec 23, 20181 min read
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Sales contract & C/P are separate documents
In Gunvor v Crugas [2018] a sales contract was concluded for sale of gasoline CIF Hoeeidah. It required the buyer to pay “demurrage as...
Dec 23, 20181 min read
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