We have advised in relation to:
unseaworthiness of vessel:
- advising owners on charterers’ claims for damages arising out of termination of contract because of unseaworthiness and uncargoworthiness;
- assessment of measure of damages.
description of ship, condition or warranty:
- implications of misdescription of a vessel’s speed and fuel consumption and draft;
- condition of vessel on delivery;
- seaworthiness of vessel during the period of hire.
non-delivery and late-delivery of vessel:
- failure of owner to meet cancelling date;
- late re-delivery of vessel by charterers and the consequences of charterers’ final voyage instructions;
- early re-delivery of vessel by charterers;
- computation of damages.
freight calculation, payment, short-shipment or short delivery, set-offs.
deductions from Hire:
- off-hire disputes resulting from,
- breakdown of vessel’s machinery;
- inefficiency/deficiency of crew;
- damage to vessel’s loading lines;
- consignee’s refusal to accept cargo;
- rights of managers or charterers to make deductions from freight;
- right of charterers to deduct hire from one vessel if hire due on other vessels chartered by them;
- equitable set off;
- appropriation of funds.
non-payment of freight:
- advising owners on actions available to secure unpaid freight;
- exercise of lien on cargo;
- discharge of cargo subject to owner’s lien;
- injunction to prevent receivers obtaining release of cargo;
- arrest of cargo;
- enforcement of owner’s arbitration award in the EU.
safe ports including physical, political safety and safety for particular vessels.
charterers’ responsibility for preparing goods for loading and on port customs and the availability of cargo for loading.
owners’ obligation to receive and load full cargo.
responsibility in respect of deck cargoes.
Advising owners on delivery of cargo and Responsibility for loss, damage or delay of goods.
deviation and delay:
- claim for damages and delay arising from cargo infestation.
laytime and demurrage.
fuel consumption claims:
- claims for over-consumption of bunkers;
- effect of voyage instructions;
- meaning of “WOG” and “about” terms in specifications of vessel;
- conditions under which consumption should be measured.
damage to engine resulting from the supply of off-spec bunkers provided by charterers.
- accrual of right to cancel.
the incorporation and role of Hague and Hague Visby Rules in charterparties.
whether re-cap telex can constitute a charterparty.
We have advised in relation to:
damage by infestation, water ingress, inadequate ventilation;
damage to steel cargo, paper reels, sugar cargoes, plywood, fishmeal, timber and frozen products;
measure of damages.
negotiable bills of lading.
cargo loss due to sinking or collision:
cargo lost as a result of the sinking of a cruise ship. Advising underwriters on measure of damages and causation;
limitation of liability by charterers, right to challenge limitation of liability.
clean-shipped bills and received-for-shipment bills of lading.
carriers’ responsibility as to condition of goods.
claused bills of lading.
issuance of clean bills of lading.
legal effect of statements in bills of lading.
incorrectly dated bills of lading.
bills of lading and contracts of carriage.
incorporation of charterparty clauses in bills of lading:
incorporating the law and arbitration clause;
whether a charterparty arbitration clause is incorporated into a bill of lading;
whether a recap telex evidencing the fixture includes the arbitration clause;
whether a formal charter has to be executed prior to completion of discharge.
delivery of goods without surrender of bills of lading.
lost bills of lading.
title to sue and transfer of rights.
Charterers’ responsibilities, liabilities and indemnities in respect of tortious acts of stevedores.