the Singapore Court of Appeal has clarified the International Regulations for Preventing Collision at Sea (1972) requiring a vessel proceeding in a narrow channel to keep as near to the outer limit which lies on her starboard side as is safe and practicable, not merely to keep to the “lane”.
Continue Reading Singapore Court of Appeal clarifies the proper interpretation of Rule 9(a) of the Collision Regulations
Claims for misdelivery of cargo without presentation of B/Ls: “good faith” and “consent”
It is settled law that a carrier who delivers goods without production of the bill of lading is typically liable for any consequential losses suffered by the bill of lading holder. In the course of prosecuting its claim against the carrier, the bill of lading holder may seek to obtain summary judgment without trial on the basis that there is plainly no defence to its claim.
In the recent case of The “STI Orchard” [2022] SGHCR 6 where the plaintiff bank (“Plaintiff”) sought summary judgment against the defendant shipowner (“Defendant”), the General Division of the High Court of Singapore granted the Defendant unconditional leave to defend the Plaintiff’s claim for misdelivery. A key issue identified by the Court was whether the bills of lading were intended to be relied on as security for the Plaintiff’s financing in the underlying transaction.Continue Reading Claims for misdelivery of cargo without presentation of B/Ls: “good faith” and “consent”