Admiralty Sales – Can you stop them?
I won’t mention the “C” word in this article. Suffice to say, it’s now early April 2020 (for those reading in the future) and it’s unfortunately all around us. So, to divert attention from the “C” word, this is about something completely different. It may be worth setting out a little bit of procedural background first. There is a special division of the High Court of Justice here in London, the Admiralty Court, which handles shipping and maritime disputes. Aside from hearing
Contract ambiguity – When Part I and Part II collide
It’s not often that I end up reading US appeal Court judgments, but there was an article in the Law Society Gazette last month which caught my eye and I couldn’t help myself. Glad I did, too, as the judgment raised some interesting points which are worth bringing up as we do come across similar issues every now and again. The case itself, Internaves de Mexico S.A. de C.V. -v- Andromeda Steamship Corporation (& ors), was heard in the United States Court of Appeals for the Elev
A platinum-coated mess reaches the Commercial Court
As any student (or former student) of chemistry will know, palladium forms one of the platinum group elements in the Periodic Table. And so the Commercial Court recently ruled upon a platinum-coated mess arising from an arbitration and settlement negotiations in a dispute concerning the paint system applied to the new-build superyacht, m/y “PALLADIUM”. The case of Goodwood Investments Holdings Inc. v Thyssenkrupp Industrial Solutions AG, heard in May 2018, arose from an app
Land Tribunal Decision Affecting Pendennis
In a judgment handed down on 24 November 2017, Pendennis Shipyard learned the outcome of its application to the Upper Tribunal (Lands Chamber) in the Royal Courts of Justice for the modification of a restrictive covenant affecting part of its estate in Falmouth. In summary, Pendennis invested some £8 million in developing a wet basin on its estate, to allow works to be undertaken in a sheltered location. The land on which the wet basin is situated was subject to a restrictiv
M/S ‘New Flamenco’ – Have your cake and eat it?
Picture this scenario – you charter a cruise ship. It’s all going well, so you decide to extend the charter period by a further 2 years, but you have a change of heart and tell the owners that you won’t be taking the ship for the extended period after all. The owners, unsurprisingly, take issue with this. They call you up on it holding you in breach and they then accept that breach as terminating the charter party. You then re-deliver the ship to the owners, and in the meanti
“Magic Pipe” conjures polluting activities off the coast of Britain
It is not often that the venerable New York Times reports on marine matters relating to the coast of Britain. In its issue of 2 December 2016, the Times reports on the US$40m fine to be paid by Princess Cruise Lines after it pleaded guilty to a number of felony charges following the dumping by employees of oiled waste. In a statement issued by the US Attorney’s Office for the Southern District of Florida, it was reported that employees of the “CARIBBEAN PRINCESS” used sever
Can a Letter of Intent “morph” into a binding contract?
It has become fairly commonplace in the yachting industry to see letters of intent being used to “secure” a deal, or an exclusivity period to negotiate a particular transaction for example, particularly with an impending boat show or some other event on the horizon or – as has recently perhaps been seen with the value of the Pound dropping so significantly as against, predominantly, the Euro and the US Dollar – in response to a particular event. The common understanding in su
Refit dispute brings mixed result for Owners
In the recent (July 2016) judgment handed down in the High Court case of Saga Cruises and another v Fincantieri SPA, several provisions commonly found in refit agreements come under the spotlight, including a provision dealing with liquidated damages for late redelivery. The case concerns the refit of the 1981-built cruise ship “SAGA SAPPHIRE” (formerly the “BLEU DE FRANCE”). A refit agreement was entered into between Saga and Fincantieri for a price of approximately €14,000
On the new world of electronic signatures
“The moving finger writes and having writ, moves on;” The Rubaiyat of Omar Khayyam The Law Society of England & Wales issued on 21 July 2016 its guidance on the use of electronic signatures – see here. The guidance was issued after taking advice from leading counsel and is very clear and comprehensive on the general efficacy of electronic signatures for both simple contracts and deeds. However it does leave some practical questions to be answered regarding the execution of de
Keep Calm and Carry On – looking for the positives in the marine sector arising out of Brexit
“It’s an ill wind that blows nobody any good” In the storm of economic uncertainty and political infighting that has followed the outcome of the referendum of the 23rd June, it is now perhaps time to take a step back and look at the potential impact of Brexit upon the marine sector. Economists have been falling over themselves to predict a range of grim scenarios for the impact on UK GDP of the vote, with negative impacts of between 2 and 8% forecasted depending on what trade