News and knowledge

LOF 2024 – Changes designed to increase take up of Lloyd’s Open Form

Lloyd’s Open Form (LOF) 2024 has now been published by Lloyd’s of London, its 14th edition since it was first launched in 1908, replacing the 2020 Form

Who wants to play maritime dodgems?

In the first judgment [1] of 2024 handed down by the Admiralty court, Mr Justice Baker considered the actions of two vessels that collided at anchor off Chattogram (Chittagong)

Detention in Indonesia - extortion, bribery and mitigation under a war policy

Any case where the English Court gives some assistance on what a word or a definition means, or what a duty entails, is always most welcome

The UK Supreme Court considers remoteness in Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6

One of the longstanding traditions of English Law is that many of the legal decisions issued by the highest Court in the land involve very important legal principles, but very small amounts of money

Do the York Antwerp Rules 1994 apply or 2016 apply when adjusting general average claims? The English Commercial Court has now decided.

UPDATE: Although the owners sought permission to appeal the court’s judgment below, which was granted, the owners never actually filed their appeal

FIRS contemplates next steps in collection of Nigerian Freight Tax

The ongoing FIRS exercise to recover back taxes from Non-Resident Shipping Companies (NRSCs) has crossed its first milestone

Warnings to barge operators – a critical look at BIMCO’s BARGEHIRE 2021

Each year, around 800 Bimco BARGEHIRE contracts are signed, currently on its SmartCon platform

Taxation of International Shipping Companies in Nigeria

There is both apprehension and a degree of frustration in the maritime industry caused by notices issued by the Federal Inland Revenue Service (FIRS) on behalf of the Federal Government of Nigeria to Non-Resident Shipping Companies carrying on business in Nigeria for the payment of backdated freight tax

February 2023 – Ioanna Vitta and Paul Haworth join Tatham & Co as senior hires.

Ioanna Vitta has joined us (from Penningtons) as a partner and is based in Athens, servicing the firm’s Greek clientele

ITS 2022 - Istanbul

Simon Tatham gave a paper at this well attended conference at the end of September on “The salvage of alternatively fuelled vessels” and also accepted the invitation to give  the wrap-up speech on the conference’s final day in Istanbul

Do not delay salvage contracting

Regular columnist Simon Tatham examines a recent maritime accident report to highlight the risks of not taking the offered LOFThe International Group of P&I Clubs (IG) has been working on what it calls its Salvage Delay Project, an independent study into the increasing tendency for delays in the take up of emergency response services to vessels in distress putting life, the environment and property at unnecessary risk

Simon Tatham presented this month for BIMCO at their Offshore, Project and Heavylift Masterclass, providing a talk on deep sea towage contracts.

Chris Farmer joins Tatham & Co

One of London’s most highly respected Master Mariner solicitors, Chris Farmer, has joined the firm as a Partner to further strengthen our busy Wet practice

Unlawful Detentions off Indonesia?

The detention of vessels in and around the Singapore Straits by the Indonesian Navy in recent months (following an earlier cluster of cases in 2019) has presented challenges to the shipowners involved

Tatham & Co win Law Society’s Small Law Firm of the Year Award

Big news for the firm was that we recently won the Law Society Award for Small Firm of the Year 2021

How ultra-large ships pose high salvage challenges

A theme of this year’s London International Shipping Week was container ships, coinciding with the first visit to Felixstowe of one of the new class of ultra-large 24,000-TEU vessels

Cargo owners will shoulder Ever Given salvage payments

It has been more than two months since salvors unblocked the Suez Canal by refloating 20,000-TEU container ship Ever Given and yet the vessel remains in Egypt awaiting compensation payments and its release

M/V “Ever Smart” in collision with VLCC “Alexandra 1” [2021] – further commentary

Vessels Crossing at the entrance to narrow channels – the COLREGS clarified by the English Supreme Court – Part IIIn this second of two articles we consider the likely outcome on apportionment of liability and analyse the practical implications of this decision for mariners and fleet superintendents

M/V “Ever Smart” in collision with VLCC “Alexandra 1” [2021]

Vessels crossing at the entrance to narrow channels – the COLREGS clarified by the English Supreme CourtIn the first of two articles, we examine this important decision on its facts and in the second, the practical lessons to be learned

Crew fatigue during a global pandemic and the repercussions on vessels’ seaworthiness

Fatigue is commonly described as a state of feeling weary, tired, or lethargic that results from prolonged physical or mental work, extended periods of anxiety, exposure to harsh environments, or loss of sleep

“Best Management Practice” – The English High Court Considers obligations on a Master

On 5th July 2011, the laden tanker Brillante Virtuoso was off the coast of Yemen drifting in darkness in some of the most dangerous waters of the world

Coronavirus – Issues and effects in relation to laytime and demurrage

As China grapples with the growing tragedy brought upon them by the coronavirus, the shipping industry and container operators in particular, are already feeling the down-turn in business caused by the shutting of major manufacturing plants

Nigerian Piracy – Have we reached a tipping point?

in tactics as the pirates have upped the ante by taking hostages from laden vessels in numbers not seen before [1]

Making without prejudice (save as to costs) offers

This article looks at the pitfalls of negotiating a settlement and how best to increase your chances of avoiding being ordered to pay your opponent’s costs

SCOPIC wording offers protection for salvage contractors

Salvors prefer rich pickings

Girting – Communication is vital

This article argues that over-reliance on the ability of a tug and its crew to be able to prevent the vessel from capsizing is common to many incidents

How a lack of class can be costly

Having recently ourselves settled a case involving a tug that had fallen out of class shortly before the incident in question, it was interesting to see that such a case has recently found its way from an arbitration award to the Court of Appeal in London