Shipping E-Brief — summer 2014: key legal decisions and developments in shipping
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
- Are owners bound to give credit for benefit obtained following charterers’ repudiation?
- The correct test for anticipatory breach by renunciation
- Court of Appeal gives broad meaning to ‘charterers’ agents’ in off-hire clause
- Court clarifies that enhanced statutory interest rate not applicable to charterparties with no significant connection to UK
- A tough lesson on guarantee wordings: triple-check them
- Package limitation — can a cargo claimant ‘pick and mix’?
- Charterer who expressed intention to perform in future nonetheless held to be in repudiatory breach
- Towing the line — competing jurisdiction clauses
- Underperformance disputes under time charterparties
- Berth damage
- Court upholds LMAA tribunal’s jurisdiction to rule on costs
- Loan agreement relating to yacht construction contract construed as ‘on demand’
- PRC rules relating to the provision of cross-border security are relaxed: new SAFE regulations come into force
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Briefings from Ince & Co
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.