The Philippines Supreme Court has dismissed a seafarer’s claim for disability benefits under the POEA contract as the seafarer failed to report to the company-designated physician. The POEA contract set out as a procedural requirement for seafarers to report to the company-designated physician for...
Legal
Claimant can arrest vessel without necessity of cross-undertaking
Charterers Club and manager Meco Group’s claims executive Marta de Leon has recently observed that the Admiralty Court decision on Natwest Markets plc v. Stallion Eight Shipping & Co S.A. [2018] EWHC 2033 on the Alkyon re-affirmed the existing legal principles that a claimant in rem, as a matter of...
FSL Trust ends legal action against Alan Hatton
Singapore shipowner and its ex-CEO “amicably” resolve claim and counterclaim with settlement.
http://www.tradewindsnews.com/legal/1591831/fsl-trust-ends-legal-action-against-alan-hatton
Legal ruling is good news for charterers, says Meco Group
A recent arbitration award has brought welcome news for charterers in relation to the obligation to provide counter security to owners under the Interclub NYPE Agreement 2011 (ICA 2011) according to Sian Morris, Deputy Claims Manager Sian Morris with the Meco Group, administrators of Charterers P&I...
Brexit – impact of a “no deal” on English disputes with EU counter-parties
Nicola Gare, professional support lawyer
In preparation for what many now see as being the most likely outcome, the UK Government (Government) has published its guidance on how disputes will be dealt with in the event of the UK exiting the EU without it first having agreed a framework with the EU for ongoing civil judicial cooperation.
If the UK exits Brexit on a “no deal” basis, from 11pm on 29 March 2019 the transition arrangements keeping the status quo until at least the end of December 2020...
IMSK’s MAN claims to continue with third-party help
Cash-strapped owner still pursuing $20m in engine performance row.
http://www.tradewindsnews.com/legal/1592160/imsks-man-claims-to-continue-with-third-party-help
Onassis prize winners to support students
Academics to donate money to fund research and study into ports and shipping.
http://www.tradewindsnews.com/legal/1590778/onassis-prize-winners-to-support-students
Appeal Court decision provides important time bar guidance
Standard Club’s senior claims executive Ben Chandler has reported on a recent English Court of Appeal decision that provided important guidance on the applicability of charterparty time bar provisions to letters of indemnity (LOIs). The Songa Winds [2018] EWCA Civ 1901 looked at the...
Consignees claim $200,000 over part-damaged consignment of seeds
A cargo recovery agent was engaged in relation to three containers of seeds that had arrived wet. The cargo had a total value of US$145,000. An initial survey concluded that the wet damage was condensation caused due to the container vents being blocked, thereby preventing air circulation. A...
Legal decision by Court leaves Time Bar open to doubt where there is a deviation
Lewis Moore, Toby Miller, Chris Primikiris and Beatrice Cameli of Hill Dickinson have written on the recent decision in Dera Commercial Estate v Derya Inc (The SUR) EWHC 1673. The Commercial Court dealt with a section 68 challenge and appeals on four issues of law under section 69 of the...