Legal

Superyacht dispute provides helpful guidance on applicable jurisdiction

Superyacht dispute provides helpful guidance on applicable jurisdiction

In an important decision handed down yesterday, the Commercial Court accepted that it had jurisdiction to hear claims arising out of the loss of a superyacht which had fallen from the deck of a transporting vessel in heavy weather conditions.

The Italian owner of the yacht had brought proceedings in Italy, despite having signed a contract containing an exclusive jurisdiction clause in favour of the English courts, asserting...

https://www.allaboutshipping.co.uk/2020/08/06/superyacht-dispute-provides-helpful-guidance-on-applicable-jurisdiction/

Sanctions and the maritime industry: Part 1 – Overview of OFAC and OFSI advisory notes

Sanctions and the maritime industry: Part 1 – Overview of OFAC and OFSI advisory notes

In this first in a series of articles on sanctions and the maritime industry, we provide an overview of the recent advisory notes issued by OFAC and OFSI, the US and UK bodies responsible for the implementation and enforcement of their respective sanctions, and look at what they mean for the maritime and commodities industries.

The shipping and commodities industries have found themselves at the forefront of...

https://www.allaboutshipping.co.uk/2020/08/05/sanctions-and-the-maritime-industry-part-1-overview-of-ofac-and-ofsi-advisory-notes/

Bulker operator Misuga Kaiun Co fined $1.5m in pollution case

Japan-based Misuga Kaiun Co Ltd was fined $1.5m on July 29th in the US District Court in Orlando, Florida, after pleading guilty to violating the Act to Prevent Pollution from Ships. The company failed to maintain accurately an oil record book and covering up discharges of oily water from the bulk...

https://insurancemarinenews.com/insurance-marine-news/bulker-operator-misuga-kaiun-co-fined-1-5m-in-pollution-case/

Supreme Court will hear owners’ appeal in case of the CMA CGM Libra

Quadrant Chambers reports that the UK Supreme Court will hear the shipowners’ appeal from the decision in Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM LIBRA) [2020] EWCA Civ 293, after granting permission to appeal. The appeal will consider the legal test for unseaworthiness, the...

https://insurancemarinenews.com/insurance-marine-news/supreme-court-will-hear-owners-appeal-in-case-of-the-cma-cgm-libra/

Crew of Vienna Wood N held at Batangas; homicide case proceeds

A Philippines court has placed a “hold departure order” on the crew of bulk carrier Vienna Wood N (IMO 9593713) while a criminal case against her officers and her ship manager proceeds. All 20 crewmembers will be required to stay at Batangas Port until further notice. The Philippines Coast Guard...

https://insurancemarinenews.com/insurance-marine-news/crew-of-vienna-wood-n-held-at-batangas-homicide-case-proceeds/

LLMC 1976: The operator can limit… but who is the operator?

CJC Law has published a report on Justice Teare’s judgment from May 22nd, previously reported in IMN on May 28th. Teare J, sitting in the Admiralty Court, explored the characteristics required of an entity to fall within the definition of “operator” under the 1976 version of the Convention on...

https://insurancemarinenews.com/insurance-marine-news/llmc-1976-the-operator-can-limit-but-who-is-the-operator/

The CMA CGM LIBRA – leave to appeal to UK Supreme Court granted

The CMA CGM LIBRA – leave to appeal to UK Supreme Court granted

At a Glance…

On 30 July 2020, the UK Supreme Court granted Owners of the CMA CGM Libra leave to appeal to the UK Supreme Court from the decision of the Court of Appeal in The CMA CGM LIBRA (“Alize 1954 and another (Appellants) v Allianz Elementar Versicherungs AG and others (Respondents)” ).

Authors:  Richard Gunn, Konstantinos Bachxevanis

This was in response to the Appeal Application filed on behalf of the Owners of the CMA CGM LIBRA...

https://www.allaboutshipping.co.uk/2020/07/31/the-cma-cgm-libra-leave-to-appeal-to-uk-supreme-court-granted/

Andrew Lee to head Hill Dickinson’s Singapore office as Tony Goldsmith returns to London

Andrew Lee, Head of Hill Dickinson’s Singapore office

Andrew Lee to head Hill Dickinson’s Singapore office as Tony Goldsmith returns to London 

Andrew Lee, a partner in Hill Dickinson’s Marine and Trade team, based in Singapore, has been announced as the new head of the office. He succeeds Tony Goldsmith, who will return to London permanently following confirmation of his promotion to Head of the Marine and Trade division.

Andrew has been with Hill Dickinson and its merger firm, Hill Taylor...

https://www.allaboutshipping.co.uk/2020/07/30/andrew-lee-to-head-hill-dickinsons-singapore-office-as-tony-goldsmith-returns-to-london/

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