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 is headed by Dr Chao Wu, assisted by Jacqueline Tan (Legal Services Manager and Meredith Yang (Legal Executive), supported by a virtual team of contract reviewers, the majority of whom are experienced shipping lawyers.
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 review of Members’ contracts in the context of the insurances that the Club provides
- 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
TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD and CLEARLAKE SHIPPING PTE LTD v PETROLEO BRASILEIRO S.A. (“THE MIRACLE HOPE”)  EWHC 995 (Comm)
QCR Summer 2020: Alize 1954 and CMA CGM SA v. Allianz Elementar Versicherungs AG & Others (CMA CGM Libra)
Alize 1954 and CMA CGM SA v. Allianz Elementar Versicherungs AG & Others (CMA CGM Libra) –  EWCA Civ 293, Court of Appeal (Civil Division), 4 March 2020. Defective passage plan can make a vessel unseaworthy
QCR Summer 2020: Alianca Navegacao e Logistica Ltda v Ameropa SA (The Santa Isabella)  EWHC 3152 (Comm)
The English Commercial Court has ruled in favour of the defendant charterers in a demurrage dispute that examined the choice of route and care for cargo.
Legal UpdatesView all
On 11 September 2020, the IMO posted a Joint Statement by the United Nations Specialized Agencies calling on all Governments to immediately recognise seafarers as key workers and to take swift and effective action to eliminate obstacles to crew changes
IG Letters of Indemnity
Members are often asked to accept letters of indemnity (LOIs) from their shippers or charterers in return for the delivery of cargo without presentation of original bills of lading, the delivery of cargo at a port other than that named in the bill of lading (or both) and in various other circumstances
The California Air Resources Board approved a new regulation designed to further reduce pollution from ocean-going vessels while docked at California’s busiest ports.
On 17 May 2019, IMO's MEPC 74 adopted the resolutions below to allow for ERBs to be used. Guidelines to support the use of ERBs were also adopted by the Committee. These amendments, which will reduce the heavy burden associated with paperwork and which are thus to be welcomed, will enter into force on 1 October 2020;
Legal BriefingsView all
Time BarsView all
Thailand - Time Bars
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).
Myanmar - Time Bars
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.
Malaysia - Time Bars
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.
Indonesia - Time Bars
As such in Indonesia, the law does not specify when the limitation periods begin. However, in practice, the period starts when the right to make the claim first arises. However, there is no specific maritime law/Act in Indonesia but there are few provisions in regard to the time bars/limitation as per Indonesian Commercial Code.