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106 articles matched your search
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B Atlantic provides a good example of the courts’ approach to construing exclusions (with perhaps surprising outcomes) and in assessing whether a foreign court has acted perversely or by reason of political interference.
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.
Yacht brokers – or anyone else keen to know when a broker will or will not be due a commission – should read on…...
English law is a popular and a practical option for newbuild contracts but even if German law is not agreed, some of its provisions may still apply.
The Court of Appeal has established a ‘bright line rule’ that an assured who tells a lie will forfeit the claim.
This article highlights the main changes that may be of particular interest to owners, charterers (in particular bareboat charterers) and other interested parties whose ships may call at ports in China.
The reasons given for contract terminations are many and varied, but in each case the fundamental motivation is generally the same.
In The Astra, Mr Justice Popplewell has concluded that payment of hire by the charterers was not a condition of the charterparty.
An owner should terminate the charter in circumstances where it can show the defaults are sufficiently serious to deprive it of the benefit of the charter.
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.
Advisers need appreciation of the underlying issues to best advise clients faced with often difficult decisions.
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.
A useful reminder of the principles applied to calculate damages under English law.
An English court has upheld an anti-suit injunction preventing a party from pursuing direct rights of action against a P&I Club in Turkey.
Commercial court judge has declined to follow Flaux J’s decision in The Astra over payment of hire.
In this case the vessel owners failed to provide the charterers with all documents in support of their demurrage claim within the 90-day time period.
The Court of Appeal has confirmed the meaning of the expression “in-transit loss” in a voyage charter party in the Trafigura Beheer case.
The facts of the underlying dispute in Compania Sud Americana de Vapores A v Hin-Pro International Logistics are less interesting than the Court’s findings...