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Safe berth: meaning of “always accessible”

In the Aconcagua Bay [2018] EWHC 654, the Commercial Court Judge differentiated “always accessible” from “reachable on arrival”, holding that the term berth “always accessible” refers not only to entry, but also to the departure of the vessel from berth. On the facts of the case, a bridge and lock were damaged whilst the vessel … Continue Reading

Collateral lies: The lie is dishonest but the claim is not

The Supreme Court rules that a collateral lie embellishing a valid claim does not amount to a fraudulent claim. Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45 Facts The vessel DC Merwestone was incapacitated by an ingress of water which flooded the engine room. A claim … Continue Reading

Res Cogitans – A Class of Its Own

Bunker Supply Contracts, Retention of Title Clauses, The Sale Of Goods Act 1979 and One Highly Publicised Insolvency Combine to Give Vessel Owners a Global Headache. The Supreme Court’s ruling in this already notorious case may have a significant impact on the bunker supply industry and be somewhat unsettling for vessel owners and charterers (as … Continue Reading

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended SHELLTIME 4 form. The Charterers had sub-chartered the vessel on an amended BPVOY form to a company … Continue Reading

Don’t trip up – a warning for owners

The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder will, perhaps, come as a surprise. This was an appeal pursuant to section 69 … Continue Reading
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