Marine & Transit - December 2009

In this quarterly instalment of our newsletter we review a number of recent shipping and marine insurance cases of interest and highlight their possible impact for P&I, hull and goods in transit insurers.

Pulling the plug on charters: anticipatory repudiatory breach

Before the time for performance arises, in what circumstances can an innocent party terminate a charter by reference to the other’s conduct?  Mike Burns reviews the decision in SK Shipping (S) Pte Ltd v Petroexport Ltd on this topical issue.

Pilotage – duty of master and bridge team to assist

Should a pilot be left to his own devices to navigate a vessel safely?  Terry Donaghy discusses issues raised in the recent Marine Accident Investigation Branch’s report on the “Vallermosa’s” collision at Fawley Marine Terminal earlier this year.

Warehousers’ insurance: theft and breach of warranty

To what extent can insurers rely on an insured’s breach of security warranties to avoid claims, and how are such warranties interpreted?  Mike Burns comments on the Commercial Court decision in A C Ward & Sons Ltd v Catlin (Five) Ltd & Ors.

Voyage charters – no Christmas cheer

Relying on fixture recaps could lead to disputes subsequently arising between the parties as to the charterparty’s terms.  In The “Lowlands Orchid” the owners claimed that super holidays were excluded from laytime, whereas charterers argued they were not. Terry Donaghy reports on the Commercial Court’s decision in this case.

Adiós Rule B?

Have we seen an end to US maritime attachments?  Emma Rice considers the recent United States Court of Appeals ruling in The Shipping Corporation of India Ltd v Jaldhi Pte Ltd and its impact on obtaining security for maritime claims.