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Silence is Golden – The MV NORTRADER

Silence is Golden – The MV NORTRADER

by Editor | Jun 11, 2020 | Carriage by Sea, Case Summaries

John Habergham, Myton Law, Hull U.K. The recent Commercial Court judgement, MVV Environment Devonport Limited v NTO Shipping GmbH and Co KG was a challenge to a final arbitration award but really it was all about who is a party to a bill of lading contract. The case...
APL England – Protect your rights in cargo interests

APL England – Protect your rights in cargo interests

by Editor | Jun 6, 2020 | Carriage by Sea, Case Summaries

Maurice Lynce + Tom Mangan,  Mills Oakley, Australia RECENTLY, MV “APL England” lost more than 50 containers overboard off the coast of NSW during poor weather and another 80 have been damaged on board the ship. Notably, a similar incident impacted the very same...
The Final Word on Detention and Demurrage in the United States?

The Final Word on Detention and Demurrage in the United States?

by Editor | May 25, 2020 | Carriage by Sea, Commercial Issues

Pauline Davies, Fee Langstone, New Zealand The Federal Maritime Commission[1] recently released its final interpretive rule  concerning the reasonableness of detention and demurrage charges.  The FMC’s announcement is a response to complaints of shippers, freight...
US FMC issues Interpretive Rule on Carrier Billing Practices

US FMC issues Interpretive Rule on Carrier Billing Practices

by Editor | May 18, 2020 | Carriage by Sea, Commercial Issues

The US Federal Maritime Commission‘s Interpretive Rule on Carrier Billing Practices (85 FR 29638, 46 CFR 545, Docket No. 19-05) came into force today. The purpose of the rule is to establish, observe, and enforce just and reasonable regulations and practices...
Limited liability of carrier’s bodies in case of loss of deck cargo

Limited liability of carrier’s bodies in case of loss of deck cargo

by Editor | May 18, 2020 | Carriage by Sea, Case Summaries

Felix Goebel, Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany On 8 November 2018 the Hamburg Higher Regional Court had to rule on a damages claim arising from the loss of deck cargo during a sea voyage (6 U 222/16). The court ruled this case differently from a...
CMA-CGM Libra – Defective Passage Planning and Unseaworthiness (II)

CMA-CGM Libra – Defective Passage Planning and Unseaworthiness (II)

by Editor | Mar 5, 2020 | Carriage by Sea, Case Summaries

John Habergham, Myton Law, Hull U.K. The Court of Appeal has handed down its decision in this case. This was a case in which vessel owners sought general average contributions and a proportion of cargo interests declined – on the basis that there had been actionable...
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