A significant proportion of the expertise in the Managers’ offices around the world resides in our lawyers who advise Members on P&I related legal and contractual issues. The Legal Department's main responsibilities consist of:
The drafting and review of the UK P&I Club's Rules, legal documentations and legal aspects of the reinsurance contracts
The production of legal publications (legal briefings, QCRs, articles, updates, etc.) on topical legal issues to share the Club's legal expertise with our Members, and to keep our Members updated on shipping related legal developments worldwide
Commercial diver working on a recreational vessel could not take advantage of LHWCA exception where plaintiffs failed to demonstrate State Workers’ Compensation Cover.
The Danish Supreme Court rules that a jurisdiction clause in a waybill may under certain circumstances supersede the principal rule of jurisdiction in the Danish Merchant Shipping Act, section 310_1, if the Brussels I regulation was to be applicable to the case.
The Court of Appeal has held that in the absence of clear words to the contrary, the holders of bills of lading will not be excluded from their liability to contribute to general average, where the peril suffered is already insured by the shipowner.
The new Civil Code of the People’s Republic of China came into effect from 1st January, 2021, bringing in numerous changes to the rules governing civil disputes in China, those of particular relevance to Members are the changes to the rules relating to guarantees, which we consider in more detail below.
Quarterly case review from the UK P&I Club indicates that single liability principle does not operate in a collision claim where the claim of one of the shipowners is time-barred.
QCR Autumn 2021: Cargo owners’ obligations to set the temperature of a refrigerated container and to take delivery of a damaged cargo under the bill of lading terms.
The new Civil Code of the People’s Republic of China came into effect from 1st January, 2021, bringing in numerous changes to the rules governing civil disputes in China, those of particular relevance to Members are the changes to the rules relating to guarantees, which we consider in more detail below.
Global warming is one of the most severe and complex challenges our world faces today; there is an urgent need to reduce emission levels and avoid the most devastating impacts of climate change and every individual, business, and industry, including shipping, has a part to play.
Quarterly case review from the UK P&I Club indicates that single liability principle does not operate in a collision claim where the claim of one of the shipowners is time-barred.
Like some other countries, the United States is a federal jurisdiction consisting of a national government and fifty states. Maritime law is almost exclusively federal statutory or judge-made law but state law is also relevant in certain respects.
Time Bars (TB) is the period of time allowed for filling a claim to court for the protection of civil rights or interests (art. 256 Civil Code of Ukraine).
The time bars are defined under Article 149 of the Civil Code 2015 (to become effective from 01 January 2017) that time bar means a time-limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.
As a civil law country, the general provisions of prescription are provided by the Civil and Commercial Code ("the Code") in its Book I, Title IV, Chapters I and II which came into force in 1923 and was subsequently amended in 1925 and 1992. In principle, the period of prescription begins to run from the moment when the claim can be enforced. If the claim is for forbearance, prescription begins to run from the moment when the right is first infringed (Section 193/12 of the Code).
As commerce, including international commerce, starts to grow in Myanmar, there will be many cases in which a contract gives rise to a dispute between the parties to it. The question whether a Myanmar Court will or should adjudicate a contract dispute but if it does adjudicate, the rules which tell it whether to apply the domestic law of Myanmar, or the Myanmar rules of private international.
In Malaysia, the principal act of limitation is set out in the Limitation Act 1953 ("the Act") basically based on the English Limitation Act 1939 which was since then replaced with the Limitation Act 1980. The Act prescribes different period of limitation depending on different types of causes of action that arise. The Act cautions that nothing therein shall operate as a bar to any action or proceedings unless expressly pleaded.
