Marine & Transit - July 2010

In this quarterly instalment of our newsletter, we review a number of topical shipping law cases, and consider the impact for marine insurers of some recent Law Commission proposals for the reform of English insurance law.

Piracy and time charters: no off-hire for detention

Does hire remain payable when detention by pirates prevents a vessel from trading? Terry Donaghy reviews the Commercial Court decision in The “Saldahna” on this issue of market importance.

“Please remove your cargo”: compensation for storage afloat?

Following a valid withdraw of a vessel from charter service, what are owners’ remedies for lost time while cargo is discharged? Mike Burns reviews the Court of Appeal decision in The “Kos”.

“There goes the deck cargo”: who carries the can?

Owners may still have responsibility for deck cargo losses, regardless of contrary indemnity provisions in the charter. Terry Donaghy considers shifting cargoes and liabilities in this review of the recent judgment in The “Socol 3”.   

The last chance saloon: hire default and anti technicality notices

When hire payments are delayed, can owners afford not to give a period of grace before terminating?  Mike Burns considers the Commercial Court decision in Owneast v Qatar Navigation and guidance on the use of anti technicality notices.

Insurance law reform: Bad faith and increased remedies for the policyholder?

The Law Commission’s latest recommendations suggest the possibility of insurers paying damages for wrongful refusal or delayed payment of claims. Emma Rice considers the implications for the marine market.