Commercial Court clarifies that the time bar in Article III rule 6 Hague Visby Rules applies also to claims for misdelivery of cargo after discharge from the vessel.
The Court of Appeal has unanimously overturned the High Court decision in The Eternal Bliss  EWCA Civ 1712.
QCR Winter 2021: M/V HONEY
Commercial diver working on a recreational vessel could not take advantage of LHWCA exception where plaintiffs failed to demonstrate State Workers' Compensation Cover
Courts not required to construe disputed medical evidence in seamen's favor in maintenance and cure cases.
QCR Winter 2021: The Danish Supreme Court - Judgment dated 9th September 2021 (U2021.4943 H)
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.
QCR Winter 2021: The BIG FISH - duty to make full and frank disclosure of all material facts in Singapore arrest proceedings
The decision in "BIG FISH"  SGHCR 7 sets out the principles governing the duty of full and frank disclosure for a party applying for a warrant of arrest in Singapore, and in particular, considers whether it is necessary to disclose a potential time bar defence.
QCR Winter 2021: CMA CGM LIBRA
The UK Supreme Court in its judgement issued on 10 November 2021 has upheld the lower Courts' judgments in this case confirming that a defective passage plan can render a vessel unseaworthy
Cruise Line successfully sought injunctive relief from Florida's New COVID-19 Documentation Statute
QCR Autumn 2021: Sameco S.A. v Shandong Chenxi Cereals and Oils Co., Ltd (The M/V "Adelante") (2020) Lu Min Zhong No.1573
Claim for damage to soya beans - Chinese Appeal Court apportions liability between vessel Owner and Receivers
QCR Autumn 2021: Noble Chartering Inc V Priminds Shipping (HK) Co Ltd (The "Tai Prize")  EWCA Civ 87 - Court of Appeal
Whether Master, presented by Shippers with clean BL to sign, was provided with warranty that cargo shipped in good order and condition - Consideration of Article III rules 3 and 5 of the Hague Rules.
QCR Autumn 2021: Patil v. Amber Lagoon Shipping GMBH (unpublished) Grant of Summary Judgment in vessel's favor in LHWCA § 905(b): Suit brought by marine surveyor
The US Fifth Circuit Court of Appeals affirmed the lower court's findings that the evidence did not adequately support an allegation of breach by the Defendant vessel owners of their Scindia duties.
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: "KAIJIHO KENKYU KAISHI" - Tokyo District Court Judgment: 2018 (Wa) No. 26723 and No. 28332 Maritime Law Review1 (The Japan Shipping Exchange, Inc.) 2021.5 (No.251) P71-P80
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.
QCR Summer 2021: Sanchez v. Smart Fabricators of Texas, L.L.C. (5th Cir. May 11, 2021) (en banc)
The Court took the opportunity to formally overturn a previous case, Naquin v. Elevating Boats L.L.C., 744 F.3d 927 (5th Cir. 2014) and its progeny, for its misinterpretation of the seaman status test, citing the UK Club’s Taylor Coley’s published academic work criticizing same.
Goodloe v Royal Caribbean Cruises (Number 19-14324) (11th Cir, 2021): US Eleventh Circuit applies Florida State Law which permits recovery of non-pecuniary damages.
QCR Summer 2021: Enemalta Plc V The Standard Club Asia Ltd (THE "DI MATTEO")  EWHC 1215 (Comm)
This decision might be of interest to Members who may be involved in jurisdictional arguments in the context of limitation proceedings.
QCR Spring 2021: Argos Pereira España SL and another v Athenian Marine Ltd  EWHC 554 (Comm)
Equitable Compensation for Failure to Comply with Arbitration Clause; the Owners issued bills of lading (governed by English law) for the cargo which contained a law and jurisdiction clause providing that disputes arising under the bills of lading were to be determined in arbitration in London.
QCR Spring 2021: Evergreen Marine (UK) Limited v. Nautical Challenge Ltd (Ever Smart c/w Alexandra I)  UKSC 6
The Crossing and Narrow Channel Rules; the Supreme Court has, for the first time in nearly 50 years, provided clarification on the construction of the International Regulations for Preventing Collisions at Sea 1972, as amended ("the Collision Regulations") for the purposes of applying the Crossing Rules (Rules 15-17).
In Adams v All Coast, No
In the case of Addax Energy SA v MV Yasa H