Welcome to the second edition of Watson Farley & Williams’ maritime disputes newsletter.
In this issue we highlight:
A number of significant RECENT MARITIME DECISIONS made by the English courts, including:
- A decision on the use of Marine Accident Investigation Branch reports in litigation and arbitration.
- A case on the availability of defences to payment to insurers providing General Average guarantees.
- Consideration of whether a ‘no-set off’ clause will prevent a borrower under a ship finance agreement from relying on the prevention principle to justify non-payment of the loan.
Recent DECISIONS OF LMAA TRIBUNALS, published in association with the Lloyd’s Maritime Law Newsletter, which give important and useful insight into the current approach to knotty issues in maritime law, including:
- Conflicting decisions on the meaning of “no swell”. Read more about the significance and effect of current and swell on vessel performance warranties here.
- Whether compliance with marine safety codes is a safety requirement under an NYPE time charter.
Decisions made by the English courts on MORE GENERAL CONTRACT TOPICS, which include:
- The effect of asymmetric jurisdiction clauses.
- The first successful claim for breach of the Quincecare duty of care.
We are also delighted to announce that David Handley, a qualified senior associate lawyer and Master Mariner, has recently joined the firm’s dispute resolution group in London. David, who worked on cruise vessels for 12 years rising to Senior First Officer, before becoming a lawyer, will be working closely with the firm’s Athens office on owner, P&I and collision matters. Read more about his arrival here.
Finally, as the impact of the COVID-19 virus continues to spread across the world, we want to reassure you that we are committed to helping you navigate the many challenges the current situation brings. We have issued a number of articles about the crisis, which are available here, and as the situation develops no doubt more will follow. If you have not already done so, please do sign up to receive all our updates as soon as they are available.