Articles 1.1, 1.2 & 2 of the Convention on Limitation of Liability for Maritime Claims 1976 Lord Hamblen (with whom Lord Hodge, Lord Briggs, Lord Leggatt and Lord Burrows agree) held : – – Claim for the costs of discharging sound and damaged cargo, and of decontaminating the cargo, was limitable under Article 2.1(e) of…

ColRegs Rules 5, 6, 8, 9 and 34 Mrs Justice Cockerill DBE held : – – High speed causes and the positioning of the vessel was in contravention of ColRegs. – No proper lookout in contravention of ColRegs but one vessel did not cause the collision based on this breach. Factual Background – On 14.6.2019…

Antisuit injunction Whether a jurisdiction clause has been agreed or incorporated – Article 10 Rome I Regulation (Regulation (EC) No 593/2008) Plea of non est factum – whether valid Plea of uncertainty Master Richard Davison held : – – Salvage claim will be awarded when there is clear salvage of a vessel. – As a…

Article 1(4) Limitation Liability Res Judicata Mrs Justice Cockerill DBE held : – – An order cannot be challenged when it is unambiguous. – Cause of action estoppel operates when there is a lack of cause of action under Section 185 of the Merchant shipping Act 1995. – The issue estoppel only arises when the…

Express terms of contract Unilateral Power to charge Supplemental Agreement Quantum Meruit Estoppel by representation Reasonableness of Period Toll (within Section 60 of the Medway Ports Authority Act 1973 or is it a penalty? Statutory tripling Master Richard Davison held : – – Commercially viable in enforcing the period toll which is being claimed from…

Mr Justice Henshaw held : – – To be an affected area, there must be an generalised risk of quarantine or other restrictions being imposed similar to a blanket requirement that all vessels be required to quarantine for a fixed number of days regardless of the test results. – the BIMCO Additional Clause (h)(iii) contain…