Articles 1.1, 1.2 & 2 of the Convention on Limitation of Liability for Maritime Claims 1976 Lord Hamblen (with whom Lord Hodge, Lord Briggs, Lord Leggatt and Lord Burrows agree) held : – – Claim for the costs of discharging sound and damaged cargo, and of decontaminating the cargo, was limitable under Article 2.1(e) of…

ColRegs Rules 5, 6, 8, 9 and 34 Mrs Justice Cockerill DBE held : – – High speed causes and the positioning of the vessel was in contravention of ColRegs. – No proper lookout in contravention of ColRegs but one vessel did not cause the collision based on this breach. Factual Background – On 14.6.2019…

Antisuit injunction Whether a jurisdiction clause has been agreed or incorporated – Article 10 Rome I Regulation (Regulation (EC) No 593/2008) Plea of non est factum – whether valid Plea of uncertainty Master Richard Davison held : – – Salvage claim will be awarded when there is clear salvage of a vessel. – As a…

Article 1(4) Limitation Liability Res Judicata Mrs Justice Cockerill DBE held : – – An order cannot be challenged when it is unambiguous. – Cause of action estoppel operates when there is a lack of cause of action under Section 185 of the Merchant shipping Act 1995. – The issue estoppel only arises when the…

Express terms of contract Unilateral Power to charge Supplemental Agreement Quantum Meruit Estoppel by representation Reasonableness of Period Toll (within Section 60 of the Medway Ports Authority Act 1973 or is it a penalty? Statutory tripling Master Richard Davison held : – – Commercially viable in enforcing the period toll which is being claimed from…

Mr Justice Henshaw held : – – To be an affected area, there must be an generalised risk of quarantine or other restrictions being imposed similar to a blanket requirement that all vessels be required to quarantine for a fixed number of days regardless of the test results. – the BIMCO Additional Clause (h)(iii) contain…

Overview Malaysia is the 11th largest oil producing country in the world and the 2nd largest at this in South East Asia. Malaysia is blessed with its strategic location that enables it to grow its oil production industry due to it being spread across the South China Sea from the state of Kelantan in West…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules Time limit for claims The third paragraph of Art. III,…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules III – The Carrier’s Defences ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules II – The Carrier’s Duties Period Covered By The Rules Under the terms of Art. II, carriers are subject to the…