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Court of Appeal Louise Glover Court of Appeal Louise Glover

Volcafe Ltd and Ors v Compania Sud Americana de Vapores SA— [2016]

“The Court of Appeal has reversed a controversial first instance ruling and has held that it is not a pre-requisite for a carrier relying on the Article IV r2 (m) Hague Rules defence ('inherent vice') to disprove his negligence. Instead, once the carrier has shown an initial entitlement to rely on 'inherent vice', the burden then shifts to the cargo claimant to establish any negligence precluding reliance on the defence.”

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Court of Appeal Louise Glover Court of Appeal Louise Glover

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG & Ors [2016]

“Following ransom negotiations that lasted for 51 days between Owners and pirates, it was held that Owners could not recover crew-related expenses or bunkers as general average for that period since these expenses were not incurred as a true alternative to the pirates' initial ransom demand, and therefore not within the meaning of Rule F of the York Antwerp Rules.”

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