Marine & Transit - October 2007

In this edition we review a number of recent court decisions on maritime and related law issues including two significant Court of Appeal decisions on damages for late charter redelivery and limitation of liability for cargo misdelivery, and decisions on anti suit and freezing injunctions in maritime claims.

Contractual damages: lost fixture recoverable

What are the implications for Owners and Charterers following the Court of Appeal ruling that late redelivery damages are not restricted to market rate changes for any period of overrun? Mike Burns examines the decision in “The Achilleas”.

No limitation for cargo misdelivery

At what point does the carrier’s right to limit disappear? Mike Burns unravels the Court of Appeal decision in MSC v Trafigura which considers the application or otherwise of contractual and Hague / Hague Visby limitation to misdelivery situations.

Protecting the right to arbitrate: anti-suit injunction to the rescue

Anti-suit injunction in support of London arbitration. Terry Donaghy considers the “Alexandros T” decision on s.44 Arbitration Act 1996 and how parties can obtain the English Court’s assistance to restrain foreign proceedings.        

Freezing applications: missing the boat

Security for ship sale claim: belated freezing application fails. Emma rice investigates how the decision in “The Capaz Duckling” illustrates some important “do’s and don’ts” in seeking security via freezing applications.

“Regulations say no” – Owners’ or Charterers’ risk?

Mike Burns reviews the Golden Fleece Maritime decision. Who should bear the risk of mid charter regulatory change which impacts on a ship’s ability to trade?

This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only and is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans LLP accepts no responsibility for any loss that may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans.