En esta sección se referencian los fallos más destacados del Lloyds List, para que el lector esté informado sobre las últimas novedades jurisprudenciales de la industria marítima.

JURISPRUDENCIA INTERNACIONAL

 

 

The Navigator Aries [2023] SGCA 20

Bow cushion effects and the narrow channels rule

In The Navigator Aries the Singapore Court of Appeal apportions liability in a narrow-channel collision, caused by the bow cushion effect.

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Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265 (Comm)

Relevance of internal hedging to the assessment of damages

This was a claim arising out of delay to a vessel resulting from her arrest during a previous fixture. This caused the vessel to be late which caused pricing losses for the oil trader (Vitol) who was also the charterer.

 

 

FIMBank plc v KCH Shipping Co Ltd (The Giant Ace) [2023] EWCA Civ 569

One-year time limit under the Hague-Visby Rules to misdelivery claims

The appeal arose from a London maritime tribunal’s award, which held that the one-year time limit applied to claims of misdelivery. The trial judge agreed and dismissed the bills of lading holder’s appeal, but gave permission for a further appeal to the appellate court.

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UniCredit Bank AG v Euronav NV [2023] EWCA Civ 471

Misdelivery claims under bill of lading contracts

In May 2023 the Court of Appeal dismissed UniCredit Bank AG’s appeal of a High Court decision of Moulder J ([2022] 2 Lloyd’s Rep 467). In this case, the bank claimed damages against owners, Euronav NV, for delivering part of a cargo to a third party without presentation of the original bills of lading.

 

 

Quadra Commodities SA v XL Insurance Co SE and Others [2023] EWCA Civ 432; [2023] Lloyd’s Rep IR Plus 11

Insurable interest in unascertained goods

The English High Court ([2022] 2 Lloyd’s Rep 541; [2023] Lloyd’s Rep IR 26) has held that insurers should indemnify Quadra Commodities, a commodity trader, for the misappropriation of commodities arising from the Agroinvest group “fraud” and bankruptcy. The Court of Appeal recently dismissed the appeal and addressed the issues concerning whether the claimant, Quadra, had an insurable interest in certain cargoes of grain in respect of which it was the victim of a fraud perpetrated by its seller Agri Finance SA.

 

 

Smit Salvage BV and Others v Luster Maritime SA and Another (The “Ever Given”) [2023] EWHC 697 (Admlty)

Salvage contracts: intention to be bound

Shipping rarely catches the world’s attention to quite the extent it did on 23 March 2021 when the container vessel Ever Given grounded in the Suez Canal. A jurisdiction agreement has brought a resulting salvage dispute to the High Court of England and Wales.

(2023) 23 STL 4 6

 

 

Geoquip Marine Operations AG v Tower Resources Cameroon SA and Another [2023] EWCA Civ 304

Contractual interpretation and waiver of a condition precedent

In 2022 the commercial court’s ruling in Geoquip Marine Operations AG v Tower Resources Cameroon SA addressed estoppel by convention and recognised the requirement for the common assumption created between the parties to be clear and unequivocal. The Court of Appeal recently overturned the decision on the different ground of contractual interpretation and waiver of the condition precedent under the contract.

(2023) 23 STL 3 7

 

 

Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (The “Anna Dorothea”) [2023] EWHC 105 (Comm)

No deduction from hire without owners’ consent

In The Anna Dorothea the English court addressed the following question: where a charterparty clause provides that no deduction from hire (including for off hire or alleged off hire) may be made without the shipowner’s consent, is non-payment of hire a deduction if the vessel is off hire at the instalment date?

(2023) 23 STL 3 6

 

 

Trafigura Pte Ltd v TKK Shipping Pte Ltd (The “Thorco Lineage”) [2023] EWHC 26 (Comm)

Can a loss in value count as damage to goods?

The Thorco Lineage sought to answer the following question: should the entitlement to limit liability for economic loss of goods under the Hague-Visby Rules be calculated by reference to the weight of goods suffering physical damage?

(2023) 23 STL 3 4

 

 

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The “Newcastle Express”) [2022] EWCA Civ 1555; [2023] Lloyd’s Rep Plus 52

Contracting “on subjects”

This case concerns the effect of contracting “on subjects” not only on the existence of a binding charterparty but also on whether the parties are bound by an arbitration agreement in the fixture recap email.

 

 

The Jeil Crystal [2022] SGCA 66

Changing the grounds of arrest

When seeking a ship arrest, time is at a premium. The claimant must determine the facts that give rise to the claim, draft the declaration¹ (or affidavit) supporting the arrest, and serve the claim form² (or writ) and arrest warrant³ on the vessel, all within the time window when the vessel is arrestable. Fail to complete any one of these steps in time and it is likely that a claimant’s claim will be unsecured. 

 

Ceto Shipping Corporation v Savory Shipping Inc (The “Victor 1”) [2022] EWHC 2636 (Comm)

Sums due meant sums due

In this case, Andrew Baker J affirmed that, upon a proper construction of contractual terms, a shipowner was under no obligation to transfer title of the vessel under a finance demise charterparty, if the charterer owed management fees or any other sum under its management agreement. Sums due meant sums due.

 

Fuente: https://www.shippingandtradelaw.com/shipping/

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