Marine & Transit - September 2009

In this quarterly instalment of our newsletter we review a number of shipping and marine cases reported over the summer in the Court of Appeal and Admiralty and Commercial Courts, with particular interest for cargo, hull and P&I insurers.

Voyage charters - no warranty of safe berth

The Court of Appeal has given its judgment on whether there exists an implied warranty of berth safety in a voyage charter. Terry Donaghy, Partner at Weightmans, reviews the decision in “The Reborn” and its implications for vessel owners and charterers.

Dangerous cargo - shipper liability or carrier consent?

When dangerous goods cause damage, are shippers inevitably liable?  Mike Burns, Partner at Weightmans, analyses the decision in The “Aconcagua” and the competing carrier versus cargo debate.

“Winner takes it all?” - collision liability and costs recovery 

Do costs always “follow the event”?  Terry Donaghy, Partner at Weightmans, considers the Admiralty Court decision in The “Western Neptune” and how the apportionment of liability in collision actions may be reflected in costs awards.

Charter termination and compensating waiting time

When cargo remains on board following charter termination, how, if at all, are vessel owners entitled to be compensated for delays?  Mike Burns, Partner at Weightmans, reports on the decision in The “Kos.”

Waking the dead - time to serve your claim form!

Claimants waiting to serve proceedings until late into the period of validity of the claim form do so at their peril.  Emma Rice, Solicitor at Weightmans, considers the lessons of this Commercial Court decision involving the overturning of an order extending time for service.