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Lloyd's Maritime Law Newsletter

Da Hui Shipping (Pte) Ltd v An Rong Shipping Pte Ltd [2024] SGHC 166, High Court of Singapore (Justice S Mohan) - 28 June 2024

Ship mortgages - Ship mortgages granted to lender - Borrower having repaid more than its share of bank loan - Contribution from co-debtor - Subrogation - Subrogation to extinguished securities in equity - Rights following ship arrest and sale - Restitution - Unjust enrichment - Mercantile Law Amendment Act 1856, section 2
Online Published Date:  02 August 2024
Appeared in issue:  1165 - 02 August 2024

London Arbitration 9/24

Yacht charter - MYBA form - Charterer's claims for engine failure and other matters compromised - Owner not paying balance of settlement sum - Charterer commencing LMAA Small Claims Procedure arbitration - Owner arguing about original claims - Whether those claims extinguished - Whether balance due - Costs
Online Published Date:  02 August 2024
Appeared in issue:  1165 - 02 August 2024

Maersk Guinea-Bissau Sarl and Another v Almar-Hum Bubacar Balde Sarl [2024] EWHC 993 (Comm) - King's Bench Division, Commercial Court (Jacobs J) - 29 April 2024

Jurisdiction - Bills of lading - Bailment - Himalaya clause - Exclusive jurisdiction clause - Whether clauses incorporated - Whether clauses onerous - Res judicata - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 - Contracts (Rights of Third Parties) Act 1999
Online Published Date:  02 August 2024
Appeared in issue:  1165 - 02 August 2024

SFL Ace 2 Co Inc v DCW Management Ltd (formerly Allseas Global Management Ltd) [2024] EWHC 1877 (Comm) - King's Bench Division, Commercial Court (Christopher Hancock KC) - 22 July 2024

Time charterparty - Guarantee - Guarantee in charterparty - Emails sufficient to satisfy the Statute of Frauds requirement for evidence in writing - Statute of Frauds 1677, section 4
Online Published Date:  20 August 2024
Appeared in issue:  1166 - 20 August 2024

King Crude Carriers SA and Others v Ridgebury November LLC and Others [2024] EWCA Civ 719 - Court of Appeal) Lord Justice Popplewell, Lord Justice Nugee and Lady Justice Falk) - 27 June 2024

Contract - Ship sale - Deposit - Cooperation - Condition precedent to payment of an accrued debt - Maxim that a person could not derive a benefit from their own wrong - Mackay v Dick principle
Online Published Date:  20 August 2024
Appeared in issue:  1166 - 20 August 2024

London Arbitration 10/24

Time charter - NYPE 1993 form - Charterers' counterclaims after partial final award on owners' claim for unpaid hire - Security for costs - Form of security - Peremptory order under section 41(6) of the Arbitration Act 1996 - Whether owners entitled to award dismissing counterclaims
Online Published Date:  20 August 2024
Appeared in issue:  1166 - 20 August 2024

MOK Petro Energy FZC v Argo (No 604) Ltd and Others [2024] EWHC 1935 (Comm) - King's Bench Division, Commercial Court (Mrs Justice Dias) - 26 July 2024

Marine insurance - Cargo claim - Burden of proof - Damage to cargo - Whether cargo damaged at all - Effect of breach of survey warranty - Insurance Act 2015, sections 10, 11 and 17
Online Published Date:  30 August 2024
Appeared in issue:  1167 - 30 August 2024

MS Amlin Marine NV v King Trader Ltd and Others [2024] EWHC 1813 (Comm) - King's Bench Division, Commercial Court (Mr Justice Foxton) - 16 July 2024

Marine insurance - Pay to be paid clause - Assured insolvent - Whether third-party claimants bound by clause - Inconsistency - Construction - Implied term - Third Parties (Rights Against Insurers) Act 2010
Online Published Date:  30 August 2024
Appeared in issue:  1167 - 30 August 2024

Meck Petroleum DMCC v Owner and/or Demise Charterer of the Vessel Victor 1 and Another [2024] SGHC 165 - High Court of Singapore (S Mohan J) - 28 June 2024

Admiralty - Jurisdiction - Arrest - Statutory liens - Bareboat charterparties - Action in rem - Judicial sale - Effect of judicial sale on bareboat charterparty - High Court (Admiralty Jurisdiction) Act 1961, section 4(4)
Online Published Date:  30 August 2024
Appeared in issue:  1167 - 30 August 2024

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