Quarterly Legal Review
The UK P&I Quarterly Legal Updates (QLUs) aims to provide Members with summaries and discussions of legal cases which are of interest from a P&I perspective.
Links to the UK Defence Club’s Soundings are also provided for additional case summaries.
If Members have any questions on any of the cases discussed, please do not hesitate to contact your usual contact at the Club.
Issue 2: Summer 2017
- QLU Summer 2017: The Court confirmed that the crossing rule did not apply where one vessel was navigating along a narrow channel and another vessel was navigating towards that channel with a view to entering it.
- QLU Summer 2017: Limitation under Hague-Visby Rules
- QLU Summer 2017: Federal Court of Canada reviews the Hague Visby Rules’ treatment of deck cargo
- QLU Summer 2017: A High Court reminder on injunctive relief
- QLU Summer 2017: The High Court in this case concluded that the LOU issued by Owners’ P&I Club is to be construed not as a bilateral agreement but as a unilateral submission
- QLU Summer 2017: This decision reminds Carriers that when embracing new technology, care must be taken to ensure they continue to comply with their fundamental obligations in relation to cargo delivery
- QLU Summer 2017: High Court emphasises the importance of having sampling procedures and clear provisions in the charterparty governing when a sample becomes binding on the parties
- QLU Summer 2017: LMAA tribunal in this case provides guidance on what amounts to a proper holds inspection
- QLU Summer 2017: This arbitration decision serves to remind Members of the importance to correctly identify parties to a charterparty
- QLU Summer 2017: The Supreme Court affirms OCEAN VICTORY ruling
- QLU Summer 2017: LMAA 2017 Terms
Issue 1: Spring 2017
- QLU Spring 2017: The Court of Appeal provides guidance on the interpretation of a Clause Paramount incorporating the Hague Rules
- QLU Spring 2017: The Commercial Court clarifies that the package limitation in the Hague Rules does not apply to bulk cargoes
- QLU Spring 2017:The Court of Appeal confirms that a carrier does not need to disprove negligence on his part in order to rely on defences under Article IV Rule 2(a) – (p) of the Hague (or Hague-Visby) Rules.
- QLU Spring 2017: This case and the next serve as reminders to Members of the risks of delivering cargo against Letters of Indemnity.
- QLU Spring 2017:The risks of delivering cargo against Letters of Indemnity.
- QLU Spring 2017: Two cases providing guidance on the operation of the InterClub Agreement.
- QLU Spring 2017: Rule F of the 1974 York Antwerp Rules
- QLU Spring 2017: The Court of Appeal considers whether an English jurisdiction clause in bills of lading was an exclusive jurisdiction clause.
- QLU Spring 2017: Interpreting commercial contracts and excluding consequential losses.
- QLU Spring 2017: Is my deterrent clause enforceable?
- QLU Spring 2017: Gilding the lily: will a collateral lie invalidate an insurance claim?
Karolina Bieganska - Thomas Miller Law
Karolina is a shipping litigation solicitor at Thomas Miller Law. She practises in all classes of shipping work, particularly P&I and FD&D. She is an experienced deck cadet and navigating officer who has served on a variety of cargo and passenger ships worldwide. Karolina qualified as a Merchant Navy Deck Officer of the Watch Unlimited. She speaks fluent Polish and basic German.
Office: +44 (0) 1752 226020
Jacqueline Tan - Senior Claims Executive
Jacqueline is a qualified Barrister and Solicitor. She handles FDD and P&I cases. Jacqueline speaks French, Hokkien and Malay. She is also a member of the Club’s Legal and Environmental team which seeks to inform and update the Club’s Members on legal developments, changes to international conventions and their implications.
T: +44 (0) 20 7204 2118
M: +44 (0) 7917 265966