Competition Appeals Tribunal grants Collective Proceedings Order in Trucks Litigation By Laura Berry On 8 June, in the latest instalment of the long-running “Trucks Litigation”, the Competition Appeals Tribunal (“ CAT ”) granted Road Haulage Association Limited’s (“ RHA ”) application for a Collective Proceedings Order (“ CPO ”). This is the first…
Commercial Court upholds CMR Convention limits Knapfield v. C.A.R.S Holdings Ltd & Ors (2022) By Anthony Menzies The Convention on the Contract for the International Carriage of Goods by Road (the CMR Convention) has been ratified by most European states, and was given effect in England by the Carriage of Goods by Road Act 1965. The CMR applies to every…
Credit risk cover in a marine cargo policy Court of Appeal issues judgment in ABN Amro case By Anthony Menzies ABN Amro Bank N.V. v. Royal & Sun Alliance Insurance Plc & Ors [2021] EWCA Civ 1789 El demandante en este procedimiento fue el Banco, el cual había realizado una serie de transacciones de productos financieros, conocidos coloquialmente…
A P&I Club Letter of Undertaking subject to a sanctions clause remains a “reasonably satisfactory” security, though it need not be accepted By Anthony Menzies M/V Pacific Pearl Company Ltd v. Osios David Shipping Inc (2021) [1] El embargo de un buque es un recurso que sirve no solo para establecer jurisdicción sino también para obtener una garantía con el objetivo de asegurar una reclamación marítima.…
The CMA CGM LIBRA – the buck stops with the owners when a vessel is rendered unseaworthy due to a defective passage plan By Toby Vallance The Supreme Court has recently handed down its judgment on appeal in Alize 1954 v. Allianz Elementar Versicherungs AG 1 , which considered the scope of a shipowner’s obligation to exercise due diligence to make a vessel seaworthy under the…
Does a court seised of limitation proceedings under the Limitation Convention have jurisdiction to discharge a P&I Club Letter of Undertaking? By Anthony Menzies Enemalta Plc v The Standard Club Asia Ltd 1 On 23 December 2019 the island of Malta suffered a nationwide power outage, following damage to an underwater connector cable operated by Enemalta, Malta’s national power distributor.
The EVER GIVEN - The Cargo Perspective A week since the 400m-long EVER GIVEN boxship first became wedged in the Suez Canal, blocking one of the key arteries of the international supply chain, she has been freed. This will come as a significant relief to all affected, particularly as the…
50 predictions: Marine, Aviation & Transport and Energy By Anthony Menzies The nature of ransom is changing Kidnap and Ransom (K&R) insurance proved a perhaps unexpected source of cover for businesses that fell victim to last year’s sharp increase in ransomware attacks. As the upward trend for such cyber-extortion…
Arbitral jurisdiction under bills of lading – reinventing the wheel? By Anthony Menzies The Commercial Court in Sea Master Shipping Inc v. Arab Bank (Switzerland) Ltd ("The Sea Master") [2018] EWHC 1902 (Comm), has recently handed down a judgment, in which Popplewell J has ruled that banks are subject to the jurisdiction of an arbitral…
Navigators v. Atlasnavios-Navegacao – Supreme Court provides final twist in the tale By Anthony Menzies The Supreme Court has held that, contrary to the common ground between the parties, the vessel's loss was not caused by " any person acting" maliciously. As such, the Supreme Court has reached the same result as the Court of Appeal: that the…
