Case Summaries
(2016) 960 LMLN 2— London Arbitration 24/16
“After being off hire due to a failed holds' inspection, it was held that Owners would also be obliged to compensate Charterers for the further delays caused in having to re-enter the berthing queue, as these were directly related to Owners' breach in not providing clean holds.”
(2016) 959 LMLN 1— London Arbitration 22/16
“Owners were not allowed to claim costs from Charterers via the Piracy Clause for the employment of armed guards since Owners ignored Charterers' orders, which would have enabled the vessel to avoid areas of piracy and danger to the vessel.”
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.“