Shipping e-brief — July 2013
The July 2013 issue of Ince & Co’s shipping e-brief is available now. The shipping e-brief is a quarterly publication that provides information on key legal decisions and developments in shipping and related business areas.
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- Single hire default entitles owners to withdraw and claim loss of profit for remaining charter period
- Commercial Court confirms owners’ affirmation of charterparty does not prevent later acceptance of continuing renunciatory breach
- Can you recover the costs of exercising a lien?
- Enforceability of English arbitration agreements and a cautionary tale on SAFE registration in China
- Ship arrest abroad not in breach of undertaking in worldwide freezing order
- On the importance of back-to-back indemnities
- Service of NOR by email not permissible under this voyage charterparty
- Tribunal finds additional insurance cover against piracy risks not ‘necessary’ and premium not recoverable from charterers
- Could owners be liable for conversion by retaining bunkers on board the vessel after withdrawal?
- Staying Court proceedings in favour of arbitration where the existence of the arbitration agreement is disputed
Shipping legislation and regulation
- The recent reform of German maritime law
- Revised MARPOL Annex V: an update
- Judgment calls into question ‘fast-track’ court sale procedure
- Court of Appeal clarifies time for determining whether breach of contract repudiatory
- Good faith obligations in contract: are the English Courts going soft?
News and events
- English High Court refuses to allow constitution of limitation fund by letter of undertaking
- Ince & Co celebrates 20th anniversary in Piraeus
- Ince & Co partner Albert Levy re-elected as chair of Superyacht UK
- Ince & Co advises Gunvor Singapore on $850m revolving credit facility
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Briefings from Ince & Co
A carrier, whose containers had been detained for a long time and seemed to be unlikely to be returned, was found not to have the right to daily liquidated damages for an open-ended period.
The orthodox view is that damages are limited to losses suffered during the overrun period only. Similar issues were explored in a recent judgment from the Commercial Court in the Great Creation.