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Related news & insights - Chris Ward
SS Dunlossit – steaming out of the 19th century
Posted: 15/01/2025
This year marks the bicentennial anniversary of the founding of heritage maritime law firm Thomas Cooper in 1825. To celebrate this occasion, lawyers from Penningtons Manches Cooper will, for each month of 2025, be chronicling a different seminal case conducted by Thomas Cooper across its two centuries of English legal practice. The first......>>
Giant Ace in the Supreme Court – the Hague/Hague-Visby time-bar applies to all mis-delivery claims
Posted: 29/11/2024
On 13 November 2024, the Supreme Court handed down judgment in Fimbank Plc v KCH Shipping Co Ltd, The Giant Ace [2024] UKSC 38; a case determining whether the one-year time-bar in the Hague/Hague-Visby Rules applies if the cargo is delivered ashore to the wrong party after it has been discharged from the ship......>>
‘Particulars furnished by shipper’ – what obligation is there on carriers to prevent container fraud?
Posted: 28/10/2024
A recent decision of the Commercial Court in Stournaras Stylianos Monoprosopi EPE v Maersk A/S [2024] EWHC 2494 (Comm) concerned a fraudulent sale in which 22 containers alleged to contain scrap copper wire in fact contained worthless concrete blocks. A quarter of a billion containers are shipped around the globe annually. Container......>>
Manchester Ship Canal Company v United Utilities – there’s something in the water
Posted: 25/09/2024
The judgment handed down by the Supreme Court in Manchester Ship Canal Company Ltd v United Utilities Water Ltd [2024] UKSC 22 has provided some answers to the question of whether the owners of private waterways can bring claims in the tort of nuisance if their water is polluted by discharges of foul water (ie untreated sewage)......>>
SHIPMAN 2024 has arrived
Posted: 04/07/2024
Following a two-year review process involving shipowners, managers, P&I clubs, and insurance and legal experts, the latest revision of BIMCO’s go-to contract for ship management, SHIPMAN 2024, is here. Earlier revisions of SHIPMAN released in 1998 and 2009 remain in regular use, but have increasingly necessitated parties incorporating a......>>
The Win Win - illegally parked vessel results in US$37.5 million insurance payout to owners
Posted: 16/05/2024
In February 2019, quite out of the blue, the Indonesian Navy began enforcing its sovereign state’s rights over the territorial waters surrounding the archipelago, particularly around the island of Bintan. Those waters had been a popular place for vessels waiting outside the eastern port limits of Singapore. Twenty vessels were seized, and their crews......>>
‘Big Kahuna’ - the proper forum for a limitation claim does not default to the jurisdiction of the tort
Posted: 25/04/2024
In Zurich Insurance Company Limited & Ors and Halcyon Yacht Charter LLP & Ors [2024] EWHC 937 (Admlty) (BIG KAHUNA), the English Admiralty Court confirmed the well-established principle that a shipowner is afforded the right to limit their liability in a separate jurisdiction to where an underlying substantive claim is tried (or arbitrated).
The Polar – pay the premium and still be liable
Posted: 29/01/2024
The Red Sea is currently the subject of seemingly indiscriminate missile and drone attacks on commercial vessels while the war in Ukraine is nearing the end of its second year. Amid multiple global crises, maritime parties must increasingly apply their minds to war risks considerations, and charter party clauses stipulating that charterers must meet......>>
Jalla v Shell – the after-effects of a solitary oil spill are not a continuing nuisance
Posted: 02/10/2023
A recent judgment of the Supreme Court deals with an apparent test case on behalf of 27,830 claimants who were seeking to get around a time-limit issue by reframing their claim in the tort of nuisance. Admittedly, the affected landowners were rather late in the day in bringing their claims arising out of the Bonga oil spill......>>
Giant Ace – Article III, rule 6 is a cuckoo in the Hague-Visby nest
Posted: 15/09/2023
A bill of lading is a document of title and, thus, liability for mis-delivery is strict. It does not matter why the ocean carrier delivers a cargo to the wrong party in the absence of the bill. Proof of reasonable diligence will not avail the carrier. Indeed, there are very few conceivable defences to a claim for mis-delivery. One such possible defence......>>
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