Articles

Fimbank Plc v KCH Shipping

Paul Bugden, Bugden + Co., London Ref: Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38  The international carriage of goods by sea is almost invariably governed either by the Hague Rules, a 1924 international convention for the unification of rules of law relating to...

FIMBank plc v KCH Shipping Co Ltd

John Habergham, Myton Law, Hull U.K. This matter reached our highest appellate court, The Supreme Court. I discussed the Court of Appeal decision in July 2023  - see the previous article on this website for the background. In short, the Supreme Court upheld the core...

Mitigating Losses: What you need to know

Kasia Czarnota, Associate, Mills Oakley, Australia Every day, thousands of goods enter and exit Australia. Usually, they arrive at their intended destination in good condition. However, sometimes they arrive damaged, or they do not arrive at all. Where the damage or...

Failure to inspect cargo resulting in destruction- who pays?

The Netherlands – Damage as a result of the carrier’s failure to have the cargo veterinary inspected by NVWA (The Netherlands Food and Consumer Product Safety Authority). Breach of principal obligation within the meaning of Article 8:1095 DCC (the carrier is obliged to deliver goods received for carriage at destination and to do so in the condition in which he received them)

Orion Shipping: Arbitration Act Appeal

Paul Bugden, Bugden + Co., London Ref: Orion Shipping and Trading Ltd v Great Asia Maritime Ltd [2024] EWHC 2075 (Comm) Dias J. This was an appeal under section 69 of the Arbitration Act 1996 from a Partial Final Award of an LMAA Tribunal. The underlying dispute...

Mediation and Right to Trial

John Habergham, Myton Law, Hull U.K. It had been said in the past that it was a party’s constitutional right to be heard at trial to resolve a dispute. No longer. The right to trial was the thrust of one the hitherto leading authorities as to whether ADR or mediation...

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...

FIMBank plc v KCH Shipping Co Ltd

John Habergham, Myton Law, Hull U.K. The Court of Appeal has held that the one-year limitation period under Hague-Visby Rules applies to misdelivery after discharge The claimant, FIMBank, had taken a pledge over the bills of lading and cargo as security. It stood in...

Interlegal Opens Cyprus office

We are thrilled to announce the opening of our new office in Cyprus, expanding our international presence and reinforcing our commitment to serving clients in the region. With this exciting development, we aim to provide exceptional legal services and support to both...

Canada’s Modern Slavery Act poised to become law

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Senate Bill S-211, formally "An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff," also known as "Fighting Against Forced Labour...

Burden of Proof under CMR

Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Dutch Supreme Court rendered a judgment on 16 September 2022 (ECLI:NL:HR:2022:1222) in a case answering the question if CMR contains a rule of burden of proof regarding the question whether...

GENCON 2022

John Habergham, Myton Law, Hull U.K. 100 years after it was first introduced and 30 years since the last revision, BIMCO have revised the Uniform General Charter, the most popular form of general charter. There has been no tinkering this time.  It is a major change to...

US Shipping Reform Act becomes Law

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada On Thursday June 16th 2022 President Biden signed into law the “Ocean Shipping Reform Act of 2022”, S. 3580 (the OSRA) [full text]. The OSRA is intended to improve efficiency and competitiveness in...

Ideal carrier in event of announced storm

Michael Zbonikowski, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The parties were in dispute about damage that occurred to goods while they were being stored during transit. The plaintiff sold a used injection moulding machine to a customer in India and...

Contracting under Duress

Paul Bugden, Bugden + Co., London Ref: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 A refusal by a carrier to carry further or indeed at all absent compliance with a demand for payment or further payment or some other renegotiation...

Who is a party?

Paul Bugden, Bugden + Co., London Ref:  MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG [2020] EWHC 1371 (Comm) HHJ Pelling QC.   The ultimate issue that arose in this case is whether the claimant was party to the contract of carriage evidenced by the...

DHL v Gemini Ocean Shipping

Paul Bugden, Bugden + Co., London Ref: DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWHC 181 (Comm) Jacobs J.  This recent case in the London Commercial Court considered the effect of a "subject shipper/receivers’ approval" provision in a...

Changes in the Italian Civil Code

Recent Changes in  the Italian Civil Code  on  contract of freight forwarding and multimodal carriage Claudio Perrella LS Lex, Italy A few recent and relevant changes have been introduced in  the Italian Civil Code  impacting on the contract of freight forwarding and...

FMC investigates ONE over Merchant Clause Suit

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The US Federal Maritime Commission (FMC) has launched an investigation into Japanese consortium Ocean Network Express PTE and its American subsidiary (collectively "ONE") to determine the legality...

Interlegal Online Shipping + Trade Day

Arthur A. Nitsevych, Interlegal Ukraine Interlegal invites shipping & trade professionals to join our Online Shipping & Trade Day to discuss how to navigate the implications of COVID-19 upon our industry, how to be ready for Trade and Shipping indystry...

The CMA-CGM LIBRA

John Habergham, Myton Law, Hull U.K. This matter – all about passage planning and seaworthiness, has finally been decided by the Supreme Court. I couldn’t help feeling, reading the case, that it provides one of those examples where you think to yourself “How on earth...

Toxic Fire on ZIM Kingston near Victoria, Canada

Salvage operations continue after several containers, including possibly toxic material, caught fire aboard the MV Zim Kingston on Saturday October 23rd while anchored about 8km off shore near Victoria, British Colombia. Most of the Crew was evacuated promptly without...

Euronav NV v Repsol Trading SA

John Habergham, Myton Law, Hull U.K. This case must be of interest to those who conduct business internationally and which may involve a number of time zones around the world. Although it was a case dealing with the vessel owners’ claim for demurrage, it is of wider...

Force Majeure Off the Rails!

Nicholas Cumming, Solicitor, and Frazer Hunt, partner, Mills Oakley, Australia Ref: Woolworths vs SCT Logistics [2021] NSWSC 344  A recent decision of the Supreme Court of NSW, Woolworths vs SCT Logistics [2021] NSWSC 344, held that despite there being a force majeure...

What’s Next for Suez?

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada The MV Ever Given was freed on Monday afternoon, six days after becoming stuck in the Suez Canal. Traffic is moving again, but the downstream effects will  play out over the coming weeks and the...

FIATA warns over Carrier LOUs.

According to FIATA, freight forwarders have been reporting attempts by carriers to extend their liability for charges trough demands for execution by the forwarder of a Letter of Understanding (LOU) in order to make bookings. The language of these LoUs clearly intend...