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Case review 12-06-2019
Supreme Court clarifies types of expense to be taken into account in calculating a constructive total loss
The Supreme Court has today held that salvage and other costs incurred prior to tender of Notice of Abandonment should be taken into account for the purpose of assessing whether a vessel is a constructive total loss, but Special Compensation Protection and Indemnity Clause expenses should not.
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News 10-06-2019
Record-breaking year for Kennedys as turnover tops £200m and investment continues
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News 03-06-2019
Kennedys bolsters global marine and energy practice with hire of 12-strong team
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Article 02-05-2019
Marine Brief: latest decisions May 2019
In this briefing we consider some recent UK decisions addressing issues including: the construction of time charter clauses following capture by pirates; liability under Hague Visby for fire started deliberately; and defective passage planning and seaworthiness.
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Case review 02-05-2019
Contract construction in time charter disputes – vessel detained by pirates
In a short judgment delivered by Mr Justice Popplewell, the High Court applied principles of contract construction in time charter disputes. Owners’ appeal against an award arising out of their claim for hire following capture of the vessel ELENI P by pirates focused on the construction of two additional clauses to the charterparty.
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Article 01-05-2019
Drifting without a crew: salvage or emergency towing?
When a vessel is drifting without control and its crew abandons it after making a mayday call, there is an intuitive judicial presumption that the vessel is in danger. Nevertheless, this presumption is rebuttable, allowing for evidence to the contrary to be presented. For the contrary evidence to be accepted, it is necessary to evaluate the entire circumstances of the case to accurately assess the point at which the situation can be classified as “salvage” rather than “emergency towing”.
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Article 30-04-2019
Supply chain networks and Brexit
If no deal is struck or a hard Brexit achieved, it can be anticipated that, at least initially, there will be a degree of disruption as the borders try to cope with the new (and likely increased) procedures.
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Article 30-04-2019
Marine market roundup – May 2019
Our Singapore office recently briefed the market on some key issues impacting the marine sector including the forthcoming sulphur cap, the increase of phishing scams and the effect of sanction clauses.
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Article 10-04-2019
US Supreme Court adopts new rule for maritime manufacturer’s duty to warn obligation
The US Supreme Court has announced a new rule in maritime tort cases for determining when manufacturers of maritime products and equipment must provide a warning of potential danger due to third party parts incorporated into the product or used in connection with the product.
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News 28-03-2019
Kennedys breaks new ground by forming associations in Central America and the Caribbean
We are pleased to confirm that we have become the first international law firm to establish a presence in each of the Dominican Republic, Guatemala and Panama as we continue to increase our global footprint through three new Associations.