by Editor | Oct 30, 2023 | Carriage by Sea, International Conventions, National Issues
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...
by Editor | Sep 21, 2023 | Carriage by Sea, Case Summaries, International Conventions
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...
by Editor | Jul 11, 2023 | Carriage by Sea, Case Summaries
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...
by Editor | May 18, 2023 | Carriage by Sea, Case Summaries, International Conventions
Felipe Arizon, Arizon Abogados SLP, Spain Ref: Supreme Court Judgment of 14 September 2021. The Supreme Court refuses the cassation appeal presented by the subrogated cargo insurers against the Company that carried out the lashing of the goods into the containers. In...
by Editor | Mar 30, 2023 | Carriage by Sea, Case Summaries
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Netherlands – carriage by sea: Gencon 1994 charterparty, damage to cargo carried on board of the vessel, who is responsible and liable? The Amsterdam Court of Appeal rendered a judgment on 24...
by Editor | Jan 25, 2023 | Carriage by Sea, Case Summaries
John Habergham, Myton Law, Hull U.K. This case will probably (for which see the final paragraph below) lead to a sea change in English law with regard to limitation under the Hague-Visby Rules where there may be some minor physical damage to cargo, but there is a far...