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Just maritime
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Isolated Mistake or Systemic Failure? Judicial Guidance on Unseaworthiness and Master’s Competence
It’s often said there’s a wide gulf between an isolated mistake by a mariner and the kind of systemic errors that cross the line into incompetence and seaworthiness. Others insist that gulf is really just a fine line. Wide gulf or fine line, The Happy Aras [2025] explores this area after the vessel grounded and cargo interests refused $1.2m General Average contribution, arguing the ship was unseaworthy. After taking over the watch, the Master “cut the corner” to save distanc
Jan 242 min read
Tension in route selection - charterers’ voyage orders vs. master’s discretion
When it comes to route selection, there can sometimes be a tension between charterers’ voyage orders and master’s navigational discretion. Three recent London Arbitration decisions—10/25, 11/25, and 12/25—demonstrate how tribunals approach this balance. The consistent thread is—the master may disregard charterers’ instructions if there are genuine safety reasons, supported by evidence. Route selection for convenience or where not supported by evidence will not be upheld. Lond
Nov 22, 20252 min read
Beyond the forecast: Master's discretion vs. charterer routing
Modern day route planning requires a balance between adhering to charterer-provided weather routing advise and Masters exercising their...
Mar 15, 20251 min read
Under keel clearance & role of port / pilot
It’s not often we see courts looking at the technicalities of calculating under keel clearance (UKC) in great detail. The Arklow Valour...
Mar 26, 20222 min read
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
Cargo damaged by moisture - owners liable for choice of route?
Choice of route can affect how cargo is to be cared for, so can owners be held liable for choosing one over the other? In The Santa...
Dec 31, 20191 min read
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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