Marine & Transit - April 2010

In this quarterly instalment of our newsletter, we review a number of recent shipping and marine insurance cases including two Court of Appeal judgments overturning earlier decisions of the Commercial Court.

Marine insurance: inherent vice or marine peril?

If cargo is damaged at sea in predictable conditions, must inherent vice be inferred?  With a blow being struck against underwriters, Mike Burns reviews the Court of Appeal's judgement in The "Cendor MOPU".

Set back for London arbitration

Cargo receivers have succeeded in establishing that a Spanish Court decision overrules the possible application of London arbitration to a claim.  Terry Donaghy discusses the recent Court of Appeal judgment in The “Wadi Sudr”.

Somali pirates: coverage issues and public policy concerns

Piracy afflicting the Gulf of Aden has reached epidemic proportions.  Emma Rice discusses how the Commercial Court’s decision in The “Bunga Melati Dua” provides welcome reassurances to the shipping industry and marine insurance market in the face of this crisis. 

"Achilleas" revisited: damages for loss of sub charter

When time charterers lose a sub fixture because of a head owner's breach of charter, can damages for loss of profits be recovered in the light of the House of Lords 2008 ruling?  Mike Burns sees the Commercial Court take stock of the law of contractual damages in The "Sylvia".  

Port or berth charter - Who pays for delay?

When there is congestion at a load port, who is responsible for delay as between owners and charterers? Terry Donaghy reviews the recent decision in The “Merida” on this issue.