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ADMIRALTY AND CASUALTY

Could BMP 5 and the use of a citadel have prevented the capture of the Stena Impero?

The UK Sunday papers rightly are questioning why “we” wern’t prepared for the Iranian reaction to the detention of the Grace 1 (language matters here – Gibraltar have lawfully “detained” the Grace 1 and Iran have unlawfully “captured” the Stena Impero). There is no legal equivalence between the two events. Indeed Lawrence Freeman asks the […]

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Seaman Guard Ohio – @TheChennai6. Was Sri Lanka’s own floating armoury scandal to blame?   »

On November 28th 2017, over four years after their original arrest, the crew and men from the Seaman Guard Ohio were released having been acquitted of all charges by the Indian High Court in Medurai. They were driven from Chennai Central prison having won, not only what one of the men’s sisters described as their “battle […]

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Caution is needed when agreeing provisions that amend the knock-for-knock position   »

There is one good reason why there are many more solicitors dealing with marine claims than in the offshore and energy sectors. In traditional shipping, the parties are frequently in dog-fights over damage to cargo, demurrage, unpaid or disputed hire, general average and, of course, the occasional unexpected bump, towage or salvage. Conversely, energy and […]

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Tug losses – Communication vital to offset risk   »

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. I have not been on board a girting tug, nor want to be. I do know that when a yacht broaches in high winds or a dinghy gybes […]

ADMIRALTY AND CASUALTY

Ransoms revisited

US Executive Order signals change of approach to payments to terrorists, in contrast to UK’s Counter Terrorism and Security Act. On 24th June 2015 President Obama issued an Executive Order which set out the conclusions to the recent US review on dealing with hostages. The US, like the UK, had a strict policy against even […]

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Would the B Atlantic have been determined differently if it was under the Nordic Plan?   »

Following the recent decision in London in the B Atlantic, this article considers whether the assured would have had their claim for a CTL paid had the B Atlantic been insured under the Nordic Plan.   What the English Courts decided under the Institute War Risk Clauses For the purposes of determining liability in the B […]

ADMIRALTY AND CASUALTY

UK Supreme Court overturns ruling on “fraudulent device”

A vessel is incapacitated by an ingress of water which floods the engine by way of a faulty sea-water inlet valve in the bow thruster space. It is unsurprising that sceptical underwriters mount an investigation. The witnesses are proffered for interview and a theory developed to explain the steps required for the water to reach […]

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Tanker escort tug operations – the legal perspective   »

Increasingly port authorities are insisting on escort tug arrangements for visiting tankers, a trend that has gathered pace in recent years albeit long since the groundings of the Sea Empress and Exxon Valdez highlighted the potential benefit. Around the UK coast compulsory escort arrangements are in force under local harbour regulations and much the same […]

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Shipping excluded from Paris COP 21 regulatory framework   »

The industry led by the International Chamber of Shipping have welcomed the decision of the UN Federal Climate Change Commission to exclude shipping from its regulatory framework. This is not uniformly supported even amongst shipowners but it seems that the IMO will continue to take the lead when it comes to controlling emissions. In the […]