News & Updates

Quarterly Case Update, May 2018

Our latest quarterly case update containing a digest of and commentary on interesting and important recent decisions. Feel free to direct comments or questions to any of the contributors to this edition of the quarterly update or to your usual CJC contact. ...

Iranian sanctions to be reinstated.

On 8 May 2018 President Trump announced that the US would be withdrawing from the JCPOA with all of the sanctions lifted or waived pursuant to that agreement to be re-instated. This step has divided opinion globally with the remaining 5 signatories of the...

Life at sea: the last leg

Our previous editions of the CJCQ have followed Matthew Kenney, a Merchant Navy cadet sponsored by CJC through the Maritime London Officer Cadet Scholarship [ http://www.maritimelondon.com/maritime-london-officer-cadet-scholarship ] on his journey through...

A lien down the line - the trials and tribulations of exercising a charterparty lien

Recovering hire from a party below in a charterparty chain is not always straightforward. However, the charterparty itself and English law does offer some remedies through the exercise of liens in particular. Unfortunately, exercising a lien and actually...

Tiuta v De Villiers ([2017] UKSC 77) - taking care with the "basic comparison"

Sometimes a decision offers a reminder by straightforward application of an established principle. Such is the unanimous Supreme Court judgment on 29 November 2017 in  Tiuta v De Villiers  ([2017] UKSC 77) in a claim for loss following (negligent)...

Causation, mitigation and remoteness: cross-undertakings and the Court of Appeal

In our article entitled “Pricing the Promise” of 10 November 2017 [The article can be found  here ], we anticipated the decision of the Court of Appeal in the  Fiona Trust  litigation. The Court of Appeal has since handed down its...

"ACONCAGUA BAY" - What is the meaning of "always accessible"?

On 26 March 2018 Mr Justice Knowles in the “ACONCAGUA BAY” ([2018] EWHC 654 (Comm)) determined that the berth warranty 'always accessible' must mean the vessel must be able to enter and leave the berth. The finding now provides a...

Assessing damages - What would the defaulter really have done?

As discussed in our December 2017 articles under “Freight, hire and happenstance - a decade of change?” [The article can be found here ] following the “GOLDEN VICTORY” ([2007] UKHL 12) progressively more defendants have tried to...

The Aqasia

Debo Awofeso looks at the recent Court of Appeal decision in the  AQASIA  [2018] EWCA Civ 276 to see whether the Court has changed its mind as to whether bulk or liquid cargoes are within the purview of the package limitation provisions of the...

BARECON 2017 - AN UPDATE TO BIMCO'S BARECON 2001

Jonathan Campbell and Harry Savva consider the recent updates to BIMCO's standard bareboat charterparty. The verdict - a welcome update that has resulted in a more user-friendly document which has also addressed concerns raised by the recent Supreme...
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