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.
QCR Spring 2021: Lopez v. Catalina Channel Express, Inc. - US Ninth Circuit Requires Availability of Alternative Methods for Restroom Accommodations under the Americans with Disabilities Act
The crux of the issue in this case was that the restroom on the Jet Cat Express, a passenger vessel owned and operated by Catalina, was too narrow for Plaintiff’s wheelchair and he unfortunately soiled himself.
Violation of the California’s Ocean-Going Vessel At Berth Regulations Results In almost $2m million settlement.
QCR Winter 2020: Bright Shipping ltd v Changhong Group (HK) Ltd (the “CF Crystal” and the “Sanchi”)  HKCA 1062
Collision at sea within EEZ of PRC — Forum non conveniens — Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.
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?
QCR Winter 2020: Bow Jubail - The Court of Appeal in The Hague, Judgment dated 27 October 2020
Bunker spill from an oil and chemical tanker in ballast – Is the tanker a “ship” as defined in the CLC Convention when in ballast, and not carrying persistent oil?- Is limitation to be determined under CLC 1992 or the Bunker Convention 2001/ LLMC 76/96?
QCR Winter 2020: The owners of the vessel Sakizaya Kalon v the owners of the vessel Panamax Alexander –  EWHC 2604 (Admlty)
Collision action – Convoy of eight vessels transiting Suez Canal – Five-ship Casualty – 100% Liability for collisions
QCR Autumn 2020: The Chairman, Board of Trustees, Cochin Port Trust v M/S Arebee Star Maritime Agencies Pvt. Ltd. & Ors.
The Supreme Court of India decides that ports have to look to consignees and their agents - not shipowners and their agents - for storage and demurrage charges incurred in respect of uncollected/ abandoned cargo.
QCR Autumn 2020: Heirs of the late Manolo N. Licuanan v Singa Ship Management Inc. (G.R. Nos. 238261 and 238567)
The Philippines’ Supreme Court decides that a seafarer's heirs are entitled to death benefits.
QCR Autumn 2020: Sanchez v. Smart Fabricators, LLC – The U.S. Fifth Circuit Court of Appeals Analyzes Jones Act Seaman Status
US Fifth Circuit Court of Appeals finds an injured welder to be a Jones Act seaman after distinguishing the facts of the case from those of an earlier Fifth Circuit decision
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)
Is a report by the Marine Accident Investigation Branch (MAIB) admissible in an unsafe port claim in a London LMAA arbitration?