DAC Beachcroft Quarterly Marine Case Law Update - April 2014 - DAC Beachcroft

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DAC Beachcroft Quarterly Marine Case Law Update - April 2014

Published On: 1 April 2014

Trafigura Beheer BV v Navigazione Montanari SpA [2014] EWHC 129 (Comm)

English Commercial Court, 30 January 2014 

In this case the Commercial Court was asked to consider the true construction of an "in-transit loss" in a charterparty relating to a consignment of premium motor oil stolen by pirates.

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San Evans Maritime Inc & Ors v Aigaion Insurance Co SA [2014] EWHC 163 (Comm)

English Commercial Court, 4 February 2014 

Although a lead underwriter may wish to make it clear that in settling a claim he is doing so on his own behalf only and is not purporting to bind following underwriters, this will not frustrate the obvious purpose of a follow clause obliging the following underwriter to follow any settlement by the lead.

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Kairos Shipping Ltd & Anor v Enka & Co LLC & Ors [2014] EWCA Civ 217

UK Court of Appeal, 6 March 2014

The Court of Appeal has ruled that a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976 ("the Convention") can be constituted by way of a guarantee in the form of a letter of undertaking ("LOU") from a P&I Club. The judgment will be welcomed by P&I Clubs, insurers and reinsurers alike, as it will provide an alternative to making a cash payment into court to constitute a limitation fund.

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