“This judgment is the first binding precedent on the question whether the berth "always accessible" warranty in a voyage charterparty covers departure from the berth in addition to entry. In this case a vessel was unable to leave berth due to the damage of a nearby bridge and lock, and Owners claimed damages for detention. Contrasting "reachable on arrival", the Commercial Court found that the "always accessible" warranty covers departure, and allowed the appeal against the award of an experienced QC arbitrator.”

“Although the conduct of a judge in meeting one party's Counsel in private and discussing elements of the case was considered "inept", the Court of Appeal found that on the basis of the relevant facts a fair-minded observer would not conclude that the judge's inappropriate conduct could indicate any possibility that he was biased. No submissions were made privately by the Counsel, all the judge's comments were communicated to the other party and the innocuous nature of the conversation gave rise to no inference that the judge would decide the case other than impartially.”

“Following repudiation by charterers (later in liquidation), owners pursued their substantial hire and damages claim against JSG in arbitration, the Tribunal, on a preliminary issue, ruling in favour of its own jurisdiction. The Court on a re-hearing under s67, allowed JSG's challenge to the award, finding that the guarantee had been neither approved nor authorised by them. In so finding the Judge acknowledged owners' disappointment, given the Tribunal's intervening substantive award of USD68 million in owners' favour but commented that this could not distort the central factual issue upon which she had ruled.”

“Vessel owners Songa, delivered a cargo of edible oil, without production of bills of lading, against (International Group wording) LOIs from its time-charterers, Navig8, requiring delivery to Aavanti or such party as was believed to be or to represent Aavanti. Following delivery to Ruchi supposedly on behalf of Aavanti, Societe Generale claimed to be the unpaid lawful holder of the bills of lading and commenced arbitration misdelivery proceedings against Songa. Pending the outcome, the Commercial Court granted each of Songa and Navig8 immediate and final summary judgment ruling that delivery to Ruchi triggered the respective LOIs, requiring each beneficiary to be indemnified in respect of liability to, or reasonable settlement with Societe Generale.”

“The Court of Appeal confirmed that the word "unit" in Article IV Rule 5 of the Hague Rules means a physical item and not a unit of measurement. Therefore, the Hague Rules limitation of liability cannot apply to bulk cargoes (in this case a fish oil cargo) and the carrier could not limit its liability to the (uncontested) amount of £100 per ton. Nor was the carrier assisted by a charterparty term conferring on it "the like privileges and rights and immunities" as Article IV. Without more, this only conferred the same rights as the carrier would have had under Article IV and no more.”

“Following an engine room fire in August 2012, it was not until February 2013 that ship-owners sought to abandon their vessel to Underwriters and claim a CTL. The Court of Appeal confirmed the High Court ruling that despite the delay, the owners had not lost the right to abandon or declare a CTL. Widely divergent repair estimates had been in play and it was legitimate to include in the repair figures costs incurred between incident and Notice of Abandonment and SCOPIC remuneration.”