Supreme Court

Clyde & Co secures win for clients in high-profile Supreme Court judgment

Clyde & Co secures win for clients in high-profile Supreme Court judgment  

London, 10 November 2021: Global law firm Clyde & Co has successfully represented cargo interests in a Supreme Court dispute over claims for General Average with the Shipowners of the “CMA CGM LIBRA” in relation to a ship grounding.

The Supreme Court has upheld the decisions of both the High Court and the Court of Appeal and confirmed that a defective passage plan will render a vessel unseaworthy. All nine judges involved...

https://allaboutshipping.co.uk/2021/11/10/clyde-co-secures-win-for-clients-in-high-profile-supreme-court-judgment/

Punitive Damages Not Allowed for Injury Claims in U.S. Lawsuit

The United States Supreme Court released its landmark opinion in Dutra Group v. Batterton, Dkt. No. 18-266 (June 24, 2019), resolving the question of whether punitive damages may be awarded to a Jones Act seaman in a personal injury lawsuit alleging unseaworthiness, reports Lexology.

In a 6-3 decision answering the question in the negative, the Supreme Court clarified federal common law and curtailed the trend of some federal courts that had been advancing the expansion of traditional maritime...

http://mfame.guru/punitive-damages-not-allowed-for-injury-claims-in-u-s-lawsuit/

Carriers Beware: Clarifying The Onus in Cargo Damage Claims

Coffee Beans

In an important judgment for cargo owners and their marine insurers, the UK Supreme Court has held that a carrier who seeks to rely on an inherent vice exception to liability contained in the Hague Rules when defending a cargo damage claim must prove either that it took reasonable care of the cargo but the damage occurred nonetheless; or else that whatever steps might have been taken to protect the cargo from damage would have failed in light of the cargo’s inherent propensities.

This judgment...

http://www.sashippingnews.com/2019/06/07/carriers-beware-clarifying-the-onus-in-cargo-damage-claims/

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