Nov 26, 20232 minHague VisbyDetention for anchoring in Spore OPL without permission from local authorities - who bears the loss?Over the past years many vessels have been detained by Indonesian or Malaysian navies for anchoring in their waters without permission....
Mar 18, 20232 minSeaworthinessGrounding in the approach channel - unsafe port, unseaworthiness, or negligent navigation?Vessels occasionally use local paper charts when entering & leaving ports instead of charts issued by BA or other agencies, for reasons...
Jul 31, 20221 minSeaworthinessSavage & vicious nature of a crew member, and owner's liability for unseaworthinessCan a vessel be deemed unseaworthy due to the violent nature of a crew member? In The Captain Billy Haver [2021], first mate was murdered...
Dec 1, 20212 minNavigationPassage planning & seaworthinessIf a ship is suitably equipped to safely navigate and is manned by competent crew, then can the crew’s failure to properly plan a passage...
Aug 11, 20191 minBill of ladingExclusion clauses in B/L - the phrase 'howsoever arising' encompasses losses due to unseaworthiness?Does a general exclusion clause in B/L cover loss/damage to cargo caused by negligence or unseaworthiness? The answer is quite...
Jul 28, 20191 minCargo claimsCOT rupturing due to incorrect pigging / line blowing - who's to blame?Pigging / line blowing are crucial operations on chemical tankers. If not done correctly, it can lead to COT rupturing due to...
Nov 4, 20181 minInsuranceDue diligence, SMS & insurance claimsThe DC Merwestone made headlines in 2016 for court’s decision that when an insured employs a fraudulent device to advance an otherwise...
Oct 28, 20181 minSeaworthinessSeaworthiness & acts / omissions of Technical SuperintendentsCan a failure to supply necessary spares for ME maintenance result in the carrier losing out on the defense under Art.4(1) of Hague...
Sep 16, 20181 minSeaworthinessContainer ships - stability margins & unseaworthiness Container ships are generally known to fully utilize the available limits when it comes to stability margins and often experience large...
Jun 24, 20181 minNavigationSafety Management Systems scrutinized by courts in two separate cases on navigational incidentsIt is not often that Safety Management System of a shipping company is scrutinized by court. Surprisingly there have been two cases in...