Marine News: October 2016

Author:Mr Chris Metcalf, Maurice Thompson, Andrew Gray, Ik Wei Chong, Christopher Mills, Joe Walsh, Conte Cicala and Matthew T. Drenan
Profession:Clyde & Co

Unpaid freight - A claim in debt or a claim in damages?

In the recent case of D'Amico Shipping Italia SPA v Endofa DMCC & Anor (2016), the Commercial Court looked at the issue of when freight is payable as a debt.

Container demurrage - When the clock stops ticking

A decision of the Court of Appeal in August 2016 has provided clarification on a question - Is there a cut-off date when the daily demurrage stops accruing?

"SAGA SAPPHIRE": Engine failure leading to cruise cancellation

Was the shipyard carrying out the refurbishment to blame?

Collisions, ECDIS and "All Available Means"

The "THORCO CLOUD" and the "STOLT COMMITMENT" collided in the Singapore Strait resulting in the unnecessary death. This incident should have been avoided.

Marine Insurance

Supreme Court rules that "fraudulent devices" (or collateral lies) do not automatically forfeit a claim.

New act overhauls UK insurance law

The most significant reform of UK insurance law since the Marine Insurance Act of 1906. All contracts of insurance, reinsurance and retrocession made after 12 August 2016 (or variations to contracts which are made after that date) are governed by the Act.

'GOLDEN ENDURANCE" - English Court considers party's challenge to foreign judgment...

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