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Just maritime
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Nov 10, 20242 min read
Fatigue and Fault: The Yochow Allision
In The Yochow [2024] , the helmsman made two steering errors in quick succession while under pilotage. The second error resulted in a...
150
Apr 2, 20232 min read
Limiting liability and 'any distinction occasion' under LLMC'76
Whether a shipowner has to establish a single limitation fund or more to meet all claims arising following an incident depends on whether...
420
Feb 12, 20232 min read
Is a claim by the shipowner against time charterer for damage to vessel limitable?
When there is a cargo fire and that consequently damages the vessel also, then can the time charterer limit its liability towards the...
280
Jul 31, 20221 min read
Savage & vicious nature of a crew member, and owner's liability for unseaworthiness
Can a vessel be deemed unseaworthy due to the violent nature of a crew member? In The Captain Billy Haver [2021], first mate was murdered...
310
Jun 26, 20222 min read
Aware of deficient bridge watchkeeping practices? Act or loose the right to limit liability (in US)
Many may recall the collision between U.S.S. John S. Mccain and Alnic in Singapore Straits. Liability was apportioned 80-20 in favour of...
230
Apr 15, 20222 min read
If staying at berth in heavy weather, then vessel's mooring analysis better be accurate
If a hurricane is about to hit the port, it is safer for vessels to unberth. If the decision is made to stay alongside then the managers...
420
Jun 15, 20212 min read
Error by crew / owner & Limitation of Liability in US
Sluggish response to engine orders can get a ship into trouble, especially when there is a strong current. In the case of The American...
40
Apr 24, 20211 min read
Limitation fund - where to constitute it?
Ship owners and certain other parties are entitled to limit their liability for maritime claims basis the vessel’s tonnage. In which...
20
Dec 31, 20201 min read
Do duck boats & paddle boards have a close enough nexus to 'maritime'?
One of the hallmarks [and peculiarities] of maritime law is the right accorded to ship owners, charterers, operators etc. to limit their...
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Dec 31, 20201 min read
Who is the ‘operator of the ship’ for purposes of LLMC'76?
Rooted in antiquity is limitation of liability, a distinctive feature of maritime law that allows certain persons or entities to limit...
20
Dec 31, 20201 min read
Can floating pontoons be considered 'a dock'?
Certain states such as UK allow dock owners too to limit their liability, just as ship owners, charterers etc. Questions can arise on...
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Dec 31, 20201 min read
Limitation of liability & forum shopping
Cap on liability can vary considerably depending on where proceedings are commenced. In collision cases where the damage to one of the...
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