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General Editor: Gavin Magrath, Canada.
Recent Articles
If Not Now, When? Cyber Breaches in the Australian Maritime Sector
Maurice Lynch and Jason Symons, Mills Oakley, Australia Australia is amid a tumultuous period of cyber upheaval. Last weekend, another large Australian business was exposed to a cyber-attack. Australian businesses must now be thinking “If not now, when?” The attack...
Sun Sets on Hamburg Rules in Canada
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Bill C-47, the budget implementation omnibus Act, received royal assent on 22 June 2023 and came into force on 20 September. Subdivision A of Division 21 of Part 4 amends the Marine Liability...
CMR – Interruption of Limitation Period
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Gelderland District Court dated 28 June 2023 in the proceedings between HDM N.V., plaintiff in the main action, defendant in the counterclaim proceedings and Addink Distributie...
The Arbitration Act 1996 – The Law Commission’s Final Report
John Habergham, Myton Law, Hull U.K. As I prefaced in earlier articles (here and here), The Law Commission has been scrutinising the Arbitration Act 1996 and has now issued its final report after a couple of consultation rounds. As I intimated in my earlier articles,...
CMR – Carriage or Freight Forwarding?
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Zeeland – West-Brabant District Court dated 14 December 2022 in the proceedings between Achmea Schadeverzekeringen N.V., plaintiff and Bleckmann Nederland B.V., defendant sub 1...
MSC vs STOLT TANKER CONTAINERS BV et al
John Habergham, Myton Law, Hull U.K. This case is about tonnage limitation under the 1976 Convention of Limitation of Liability for Maritime Claims. MSC was the time charterer of the vessel MSC Flamina and was the appellant from an order of the Admiralty Judge that it...
The Netherlands – Fenex Terms, duties, right of lien
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Rotterdam District Court dated 28 July 2023 in the proceedings between Bayrol Deutschland GmbH, plaintiff in the main action, defendant in the (conditional) counterclaim...
JTI Polska Sp. Z o.o. v Jakubowski
John Habergham, Myton Law, Hull U.K. The Supreme Court has revisited the issue of recovery of excise duty in claims involving CMR It has maintained the existing position and slapped down an earlier Court of Appeal decision which seemed to form the basis of the...
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