QCR Winter 2021: THE ETERNAL BLISS: damages and demurrage - as you were?
The Court of Appeal has unanimously overturned the High Court decision in The Eternal Bliss  EWCA Civ 1712, ruling that demurrage is an owner’s exclusive remedy for failure to complete cargo operations within laytime. Members can read the UK Defence Club’s summary of the Court of Appeal’s decision here.
You may also be interested in:
White House Makes Enforcement of Rule Against Unjust Detention and demurrage Practices a Priority
The new order enables the FMC to "vigorously enforce the prohibition of unjust and unreasonable practices in the context of detention and demurrage pursuant to the Shipping Act, as clarified in "Interpretive Rule on Demurrage and Detention Under the Shipping Act," 85 Fed
Inflated Medical Damages in California State Courts: A brief analysis of Howell v. Hamilton Meats and how to prevent "unreasonable" costs
In a costly new trend, California Plaintiffs' attorneys are referring their personal injury clients to expensive, lien-based medical providers to skirt the California Supreme Court's decision in Howell v Hamilton Meats which limits plaintiffs to recovering the actual amounts paid for medical treatment not the amounts billed
QCR Winter 2020: K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The "Eternal Bliss")  EWHC 2373 (Comm)
Are damages claimable in addition to demurrage following a delay in discharging? Is a separate breach required?
Our correspondents in China, Huatai Marine, have provided the latest update relating to the distribution of major fishery farms along the coast of China.