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…

Overview Malaysia is the 11th largest oil producing country in the world and the 2nd largest at this in South East Asia. Malaysia is blessed with its strategic location that enables it to grow its oil production industry due to it being spread across the South China Sea from the state of Kelantan in West…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules Time limit for claims The third paragraph of Art. III,…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules III – The Carrier’s Defences ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules II – The Carrier’s Duties Period Covered By The Rules Under the terms of Art. II, carriers are subject to the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Hague-Visby Rules I –Contracts To Which The Rules Apply Contract Of Carriage ‘Covered By A Bill Of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill Of Lading As A Document Of Title Types Of Bill Of Lading A bill of lading…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill of lading as a receipt Apparent condition of the goods Printed forms of bills of lading…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill Of Lading As Evidence Of The Contract Of Carriage General rule: distinction between shippers and transferees…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Employment And Indemnity Orders as regards employment Employment refers to the employment of the ship (i.e. what…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Hire, Remedies For Non-Payment, ‘Off-Hire’ Clauses, Deductions From Hire And Liens On Freight And Sub-Freight Mode And…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Charter Period And Redelivery Charter Periods And Tolerances The most straight forward type of time charter is…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Nature of time charters, description of ship, delivery date and cancelling clauses Nature of time charters In…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Freight Delivery freight By the rule in Dakin v Oxley, freight is payable on the cargo delivered,…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Laytime And Demurrage Notice Of Readiness I: An Arrived Ship Unless the charter party contains special provision…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Voyage charter parties Shipowner’s Obligations As To The Ship To Be Provided Under The Charter Party A…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Owner’s Implied Obligations III – The Duty Not To Deviate From The Agreed Voyage Establishing the contractual…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Owner’s Implied Obligations II – The Duty To Provide A Seaworthy Ship Meaning of seaworthiness A ship…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, as restated by Chakra Thillainathan, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored in the following 17 parts. Owner’s implied obligations I – general principles…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Liability For Marine Pollution 1992 Civil Liability Convention The 1992 CLC and the 1992 Fund Convention apply to oil pollution damage caused in the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Duties and liabilities of ports and pilots Statutory duties and rights of port authorities Harbour authorities have the power and the obligation under the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Towage contracts The contract and basic terms Various standard forms of towage contracts are available. However, the arrangements under these forms are not restrictive…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. The concept of salvage 1989 Salvage Convention The 1989 Salvage Convention has the force of law under s.224 of the Merchant Shipping Act 1995…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Limitation Of Liability Scope Of The 1976 London Convention On Limitation Of Liability For Maritime Claims The 1976 LLMC and its 1996 Protocol are…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Civil Liability For Collision Damage Who May Be Liable? Standard Of Care And Burden Of Proof When ships collide, they are normally under the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Criminal liability for navigational incidents Breach of the COLREGS A failure to comply with the COLREGS can, irrespective of whether a collision is actually…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Seamanship and the Collision Regulations (COLREGS) The COLREGS The COLREGS are a code of good practice endorsed by law. There are 38 Rules and…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship sale and purchase Negotiations stage and binding contract During the negotiations the parties owe no duty to make full disclosure of their position…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Mortgages Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ownership And Management Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Arrest And Jurisdiction On The Merits Outline Legal Framework For Obtaining Jurisdiction On The Merits The starting point for approaching the question whether…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Procedure for enforcement of claims in rem Arrest of a ship and the aftermath When the ship is arrested, the defendant may provide security…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, as restated by Chakra Thillainathan, the basis and elements of Admiralty Law will be explored in the following 16 parts. The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Dispute settlement mechanism in the law of the sea Background to the dispute settlement mechanism Traditionally, provisions for the settlement of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. International Seabed Authority Institutional structure of the International Seabed Authority The Authority is comprised of three principal organs: an Assembly made…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Legal status of the deep seabed and its resources Evolution of the legal regime concerning the deep seabed and its resources…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Principle of the freedoms of the high seas Evolution of the principle of the freedoms of the seas The desire to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Rights and duties of coastal and other states in the EEZ Rights and duties of coastal states The 1982 Convention on…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Concept of the EEZ Evolution of the concept of the EEZ In the late 1940s and early 1950s, a desire to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Rights of coastal states and other states in the continental shelf Rights of coastal states Coastal states have exclusive sovereign rights…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Definition and method of drawing the limits of the continental shelf Evolution of the continental shelf as a legal concept The…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Contiguous zone Development of the concept of a contiguous zone When states began to make extensive claims for a territorial sea…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Right of innocent and transit passage Nature and meaning of innocent passage The 1982 Convention defines the meaning of passage itself…