Insurance Act 2015 – a new beginning or business as usual?

The Insurance Act 2015 received royal assent on 12 February 2015, having been sped through the Houses of Parliament under a special procedure for non-controversial Law Commission Bills.

Insurance, Regulation

Subrogation to charterparty liabilities – explained at last

The judgment of Teare J at first instance in Gard Marine & Energy Ltd v China National Chartering Co Ltd (The Ocean Victory) ([2015] EWHC 2199 (Comm)) has been criticised both from the insurance (Smiley, (2014) 26 ILM 5 3) and the charterparty perspective (Todd, [2014] LMCLQ 1, who labelled it “very pro-owner”). The Court of Appeal ([2015] EWCA Civ 16) has now reversed that judgment.

Shipping, Contracts

Opportunity missed? The Recast Regulation, Rothschild and hybrid jurisdiction agreements

In many commercial sectors asymmetrical or hybrid jurisdiction clauses are commonplace. In a Brussels jurisdiction regime context the French decision in Ms X v Banque Privee Edmond de Rothschild (Supreme Court, First Civil Chamber, 26 September 2012, No 11-26.022) called into question the validity of such clauses.

Jurisdiction, Regulation

A fundamental corruption: the Pilotage Act 1987

The common law and international law create a prohibition on any reduction of standards in any compulsory pilotage area (Environment Agency v Milford Haven Port Authority (The Sea Empress) [1999] 1 Lloyd’s Rep 673 and IMO Resolution A.960 of 2003).

Regulation

Relaxation of restrictions on cross-border security and guarantees in China: implications on shipping industry

On 19 May 2014 SAFE (China’s State Administration of Foreign Exchange) issued the Foreign Exchange Administration Regulations on Cross-Border Security and its corresponding implementation guidelines (collectively, the “2014 SAFE Regulations”).

Contracts, Practice and Policy, Regulation

Stellar Ocean Transport LLC v Owners and/or Demise Charterers of the Ship or Vessel “Ruby Star” [2014] HKCA 645

Ship manager claiming sums owed – Sums on running account consisting of maritime liens as well as general debt

Shipping, Contracts

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc (The “Glory Sanye”) [2014] EWHC 4176 (Comm)

Vessel unable to discharge at charterparty port – Whether Suez Canal transit for the account of owner or charterer

Carriage of Goods, Contracts

Hua Tyan Development Ltd v Zurich Insurance Co Ltd and Another (The “Ho Feng 7”) [2014] HKCFA 72

Marine insurance – Deadweight warranty – Rectification – Knowledge of the insurer – Waiver and estoppel – Non-disclosure

Insurance

Alternative Power Solution Ltd v Central Electricity Board and Another [2014] UKPC 31

Documentary credits – Fraud exception – Injunction – Balance of convenience

Contracts, Finance and Banking

Caresse Navigation Ltd v Zurich Assurances MAROC and Others (The “Channel Ranger”) [2014] EWCA Civ 1366

Conflict of laws – Carriage of goods – Incorporation of charterparty terms into bills of lading – Contractual interpretation – Jurisdiction clauses

Carriage of Goods, Contracts, Bills of Lading, Conflict of Laws, Jurisdiction

Viscous Global Investment Ltd v Palladium Navigation Corporation (The "Quest") [2014] EWHC 2654 (Comm)

Bills of lading containing or referring to arbitration clause – P&I Club letter of undertaking containing alternative jurisdiction clause

Trade, Bills of Lading, Practice and Policy, Jurisdiction