
Case Summaries
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2016]
“In an insurance claim under a hull and machinery policy, Owners had lied to insurers in order to strengthen their claim; however, the Court held that since the lie was irrelevant and immaterial to the claim (and therefore not a fraudulent device), insurers could not reject Owners' claim.”
Supreme Court PST Energy 7 Shipping LLC & Anor v OW Bunker Malta Ltd & Anor [2016]
“The Supreme Court dismissed Owners' appeal and confirmed that OWB's contract with Owners was such that Owners could not withhold payment and so Owners remained liable to pay OWB/ING.”
Supreme Court NYK Bulkship (Atlantic) NV v Cargill International SA ("Global Santosh") [2016]
“The Supreme Court by a 4:1 majority reversed the Court of Appeal to hold that under the time charter, the vessel was off-hire throughout the period of an arrest caused by a dispute down the charterparty chain involving sub charterers and/or the parties to the commodity contract. Under the Charter, an arrest would not render the vessel off hire if caused by "Charterers or their Agents", but the Court found that those causing the arrest did not qualify as Charterers' agents.”