Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte mbH & Co KG and Another (The “Longchamp”) – Supreme Court (Lord Neuberger PSC, Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge JJSC) [2017] UKSC 68 – 25 October 2017


General average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment of ransom – Whether expenses incurred by shipowner during period of negotiations allowable in general average

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The Ocean Victory


More than a decade has passed since the now infamous ship allided with the breakwater at Kashima, grounded and then eventually broke in two, having tried to depart the port during severe conditions. The Supreme Court handed down its decision in The Ocean Victory on 10 May 2017. The Supreme Court found that: (i) the port was safe; and (ii) the conditions amounted to an abnormal occurrence. In doing so, the Supreme Court found that the Court of Appeal had reached the correct conclusions and for the right reasons – although, candidly, Lord Clarke admitted at first to questioning whether the Court of Appeal should have interfered with the first instance decision (of the incumbent Admiralty Judge).

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Clarification of a Carrier’s Burden of Proof When Relying on a Hague Rules Defence


On 10 November 2016, the Court of Appeal handed down its decision in Volcafe v CSAV [2016] EWCA Civ 1103. This case concerned the question of whether a defendant carrier must first disprove negligence before being able to rely on the available defences in Article IV Rule 2 of the Hague Rules. For the reasons explained below, the Court of Appeal held in a unanimous decision that the answer to this is “no”.

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English High Court considers apportionment of claims under the Inter Club Agreement


A recent English High Court decision has considered the effect of Clause 8 of the NYPE Inter Club Agreement, and in particular, the apportionment of “All other cargo claims” under clause 8 (d) where there is clear evidence that a claim arose out of an act of the Charterers.

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LP 33/2016 The final decision of the RES COGITANS


The Supreme Court has just handed down its decision in the RES COGITANS.

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SAFE CARRIAGE OF LATERITE NICKEL ORE --Latest Judgment of Chinese Court


The issue of safe carriageof laterite nickel ore has attracted attention of international society. A latest judgment of Chinese court shows that the IMSBC Code shall be applicable to the safe carriage of the laterite nickel ore.

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LP 28/2016 OW ruling a blow to physical suppliers


New York federal judge says there’s no lien for supplier if there's no contract with owner.

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