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NEWS & KNOWLEDGE The Eternal Bliss [2020] – Is demurrage an owner’s exclusive remedy for a charterer exceeding laytime? November 2020 In The Eternal Bliss Mr Justice Baker decided it was not, holding that if (as is usual) the charterparty is silent as to what type of losses the demurrage rate compensates, then demurrage should not be interpreted as an exclusive remedy and an owner may seek to recover additional losses on top. The reasoning To […] CONTINUE READING	LOF – claims by dispossessed salvors » In February 1977 a vessel in ballast, Unique Mariner, ran aground in Indonesian waters not far from Singapore. The master was advised by ship’s agents that a tug would be sourced. A professional salvor’s tug turned up from Singapore and the master mistakenly thinking that it was the tug procured by the agents, signed Lloyd’s […]
	Tatham & Co is delighted to welcome Amy O’Connor to the firm as a Senior Associate » Amy O’Connor is an aviation and shipping lawyer with broad experience in litigation, transactional and regulatory matters in these industries, as well as insolvency litigation. Simon Tatham, Senior Partner, comments: Amy O’Connor joining the team as a senior solicitor is consistent with our strategy of growing the firm with experienced and capable people and developing practice areas […]
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. It is different to simple tiredness through missed sleep. With up to 400,000 crew stranded either at sea or at home by […]	NEWS & KNOWLEDGE Covid 19 – Force Majeure voyage disruption under TOWCON and UK Standard Conditions for Towage May 2020 In this article published in Tug Technology and Business we set ourselves the premise that a tug and tow have been prevented from reaching the agreed destination, because of disruption caused by Covid-19. We consider the potential effects of this delay briefly in the context of The UK Standard Conditions for Towage, of ad hoc […] CONTINUE READING
TOWCON 2008 and the coronavirus » On 11 March 2020 the World Health Organisation designated the Covid 19 virus as a pandemic. We have since received a number of enquiries specifically about where the parties to a TOWCON 2008 contract stand in respect of Clause 27 . This slightly odd clause combines a war risk clause with, effectively, a force majeure […]
NEWS & KNOWLEDGE “Best Management Practice” – The English High Court Considers obligations on a Master February 2020 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. Shortly before midnight, it was boarded by armed men who put in motion a chain of events that would see the owner condemned by the High Court […] CONTINUE READING	Coronavirus – Issues and effects in relation to laytime and demurrage » Copyright: cns photo via REUTERS 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. In procedures that were seen around the time of the Ebola outbreak, ports and […]
	Nigerian Piracy – Have we reached a tipping point? » There seems to be no sense that Nigeria piracy is slowing and in the past month we have seen a step change in tactics as the pirates have upped the ante by taking hostages from laden vessels in numbers not seen before [1]. At the same time, reports have come in that the three crew members […]