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Just maritime
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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
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
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
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
Sanctions & Flag States
Sanctions busting ship caught overseas - Flag State to the rescue? Owner of MV Lighthouse Winmore had to sue Hong Kong flag to find out....
Jun 16, 20191 min read
Disposal of waste generated on a container ship following a cargo fire
Handling the waste generated onboard a box ship following a fire is not easy - as it will normally contain tonnes of fire fighting water...
May 19, 20191 min read
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
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
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
Bunker supplier suing owners for unpaid invoices & owners alleging bunkers were defective
Bunker contracts made it back into spotlight last year after the Houston bunkers saga and will remain so placed, courtesy the 2020...
Mar 31, 20191 min read
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
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
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
Due diligence defence against pollution liabilities
Defence of due diligence to the rescue! A few days ago, The Marathassa, which had spilled 2700 ltrs of bunker oil in Vancouver's English...
Feb 24, 20191 min read
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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