
Case Summaries
Fiona Trust & Holding Corporation v Privalov & Ors [2016]
“A defendant found in the substantive proceedings to have been dishonest could nevertheless claim damages if a freezing order was wrongly obtained against him, and he has suffered loss through his funds being unavailable to him fora long period.”
Enterprise Act 2016: Amendments to the Insurance Act 2015
“Further to Part 5 of the Enterprise Act 2016 an additional section (s.13A) will be added to the Insurance Act 2015 establishing an implied term in every contract of insurance (and reinsurance) that a claim must be paid within a "reasonable time"; otherwise, policyholders will be able to claim damages if an insurer's unreasonable delay causes additional losses. The provisions of the Enterprise Act 2016 will come into force on 4th May 2017.”
Bahamas Oil Refining Company International Ltd v The Owners of the Cape Bari Tankschiffahrts GMBH & Co KG (Bahamas) [2016]
“It was held that owners of a vessel can, by agreement, waive their statutory right of tonnage limitation (under the Convention on Limitation of Liability for Maritime Claims 1976) as long as the provision relied upon makes it clear that that is their intention.”
Atlasnavios - Navegacao, LDA v Navigators Insurance Company Ltd & Ors [2016]
“A vessel detained and later confiscated in Venezuela allegedly due to drugs strapped to its hull was not considered a constructive total loss under its war risks cover since a proximate cause of the loss, the detention of the vessel, was subject to the infringement of a customs regulation exclusion clause of the policy.“
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.”
L v A [2016]
“An Owner entitled to an indemnity from the Charterer was entitled to an immediate monetary payment, even when the judgment against which the indemnity was sought had an appeal pending.”