Admiralty 5/6

M-info

Blogs on maritime case law and a few other things

Oct 20, 20191 min read

Reasonableness of choosing a more expensive repair yard following a collision

Following a collision between ships - even after getting the apportionment heavily in one's favor, claiming for losses sustained may not...

Sep 8, 20191 min read

Ship arrest

Change in ownership after summons had been issued, precludes ship arrest?

When Hanjin Shipping collapsed in 2016, the creditors, foreseeing sale of Hanjin fleet, scrambled to have writs of ship arrest issued in...

Aug 4, 20191 min read

Insurance

SCOPIC costs alongwith salvage charges to be included when deciding a vessel is CTL?

If the ship is not financially worth repairing after suffering damage in an accident then it is deemed to be a constructive total loss...

May 12, 20191 min read

Ship arrest

Purchasing a ship? Check if it is free of pre-existing debts

Judicial sale of a vessel usually results in her being sold ‘free and unencumbered’. It would come as quite a shock to the buyer if it...

Apr 7, 20191 min read

Other

Asbestos & role of equipment manufacturers

Do equipment manufacturers have a duty to warn when their product requires incorporation of “asbestos” for insulation in order for the...

Dec 16, 20181 min read

Maritime lien

Unreasonable delay in exercising maritime lien can extinguish it

In the present age we don’t often see owners relying on the ‘doctrine of laches’ to defeat a maritime lien primarily because the...

Nov 25, 20181 min read

Limitation of liability

Forum shopping for limitation following a collision - Sanchi & CF Crystal

There is no natural forum for a collision case and this can lead to multiplicity in proceedings as was seen most recently in The Sanchi....

Oct 28, 20181 min read

Admiralty

An offshore supply vessel using a towfish - is a towing vessel? (Tesla's involved too!)

Every now and then courts have had to decide whether a particular water craft is a ‘ship’/vessel under the relevant maritime statute....

Oct 7, 20181 min read

Salvage

Capesize bulker awarded for salvage of a smaller general cargo vessel

When a judgement starts like this: “The mythological Norse god, Thor, wielded a hammer and…was associated with…thunder, lightning and...

Sep 23, 20181 min read

Athens convention

Passenger claims on cruise ships - most appropriate forum for brining disability claim (UK or China)

A few months ago, China got its first ever case concerning cruise passenger injury on high seas. In The Saphire Princess a Chinese...

Aug 26, 20181 min read

PSC & Flag state

Flag of a State painted on the hull - an indication of vessel's registry?

A painted flag does not fly! That was what came out of The Siempre Malagrita [2018]. USCG had stopped a vessel (rather small in size) in...

Aug 12, 20181 min read

Admiralty

Forum for bringing a collision claim - is the place of incident more appropriate?

Collisions and available forums for bringing claims – The Al Khattiya [2018] provides useful guidance. The defendant’s vessel collided...

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M-info

Blogs on maritime case law and a few other things

Contributors:

Siddharth Mahajan

Nishant Dhyani

Views expressed by the authors are their own and not that of the organization they work for.

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