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
Where cargo is loaded into a carrier’s containers that are subsequently loaded onto the vessel it is unrealistic to treat this as anything other than a single loading process.
When a contract does not reflect the intention of the parties equitable relief can be sought from the court for the contract to be rectified. It is rarely granted, but in this case it was.