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Just maritime
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Detention for anchoring in Spore OPL without permission from local authorities - who bears the loss?
Over the past years many vessels have been detained by Indonesian or Malaysian navies for anchoring in their waters without permission....
Nov 26, 20232 min read
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Grounding in the approach channel - unsafe port, unseaworthiness, or negligent navigation?
Vessels occasionally use local paper charts when entering & leaving ports instead of charts issued by BA or other agencies, for reasons...
Mar 18, 20232 min read
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Savage & vicious nature of a crew member, and owner's liability for unseaworthiness
Can a vessel be deemed unseaworthy due to the violent nature of a crew member? In The Captain Billy Haver [2021], first mate was murdered...
Jul 31, 20221 min read
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Passage planning & seaworthiness
If a ship is suitably equipped to safely navigate and is manned by competent crew, then can the crew’s failure to properly plan a passage...
Dec 1, 20212 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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COT rupturing due to incorrect pigging / line blowing - who's to blame?
Pigging / line blowing are crucial operations on chemical tankers. If not done correctly, it can lead to COT rupturing due to...
Jul 28, 20191 min read
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Due diligence, SMS & insurance claims
The DC Merwestone made headlines in 2016 for court’s decision that when an insured employs a fraudulent device to advance an otherwise...
Nov 4, 20181 min read
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Seaworthiness & acts / omissions of Technical Superintendents
Can a failure to supply necessary spares for ME maintenance result in the carrier losing out on the defense under Art.4(1) of Hague...
Oct 28, 20181 min read
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Container ships - stability margins & unseaworthiness
Container ships are generally known to fully utilize the available limits when it comes to stability margins and often experience large...
Sep 16, 20181 min read
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Safety Management Systems scrutinized by courts in two separate cases on navigational incidents
It is not often that Safety Management System of a shipping company is scrutinized by court. Surprisingly there have been two cases in...
Jun 24, 20181 min read
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