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Just maritime
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Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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
Siddharth Mahajan
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...
00
Siddharth Mahajan
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
Siddharth Mahajan
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...
00
Siddharth Mahajan
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...
00
Siddharth Mahajan
Aug 1, 20201 min read
LLMC'76 and its '96 protocol - damage caused by Wakashio in Mauritius
Damage done by the spill of 1200+mt of bunker oil from Wakashio off the Mauritius coast is no doubt an environmental catastrophe. Costs...
60
Siddharth Mahajan
Dec 31, 20191 min read
Package limitation in Hague (Visby) Rules & Himalaya clause
Containers are used to ship goods worth millions. Cargo owners may find it harsh that often they might not be able to recover more than...
110
Siddharth Mahajan
Dec 31, 20191 min read
Suppliers & contractual limitation of liability
Can suppliers of marine spare parts rely on the contractual limitation of liability? Well, it depends a lot on the law of the place where...
30
Siddharth Mahajan
Sep 8, 20191 min read
Ultra wide limitation clauses - absolves repairers of all liabilities?
Every commercial contract is bound to have some sort of a limitation cl. incorporated. Some are quite wide as in The Triumphant Lady...
20
Siddharth Mahajan
Dec 16, 20181 min read
The Prestige sage - criminalization of seafarers & little regard for int'l compensation regimes
The recent Spanish top court's ruling in one of the many legal proceedings which followed after the sinking of 'Prestige' in 2002 has...
20
Siddharth Mahajan
Nov 25, 20181 min read
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....
20
Siddharth Mahajan
Sep 23, 20181 min read
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...
10
Siddharth Mahajan
Aug 12, 20181 min read
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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