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So far bdm-admin has created 139 blog entries.

Preparing for an LOF appeal in the wake of the Flag Mette?

The recent decision from Teare J in The Flag Mette (Navigator Spirit SA –v- Five Oceans Salvage SA (The “FLAG METTE”) [2018] EWHC 1108 (Comm)) has caused those of us in the Admiralty world to think carefully about how we deal with future salvage appeals. The appeal arbitrator Mr Jeremy Russell QC [...]

October 26th, 2018|0 Comments

Legal privilege – what is it and why is it important?

As shipping lawyers, we often end up dealing with casualties or circumstances where something has gone wrong. That inevitably leads to the need for an investigation. It is vital to ensure that any such investigation and/or investigations are carefully managed to protect the clients’ interests.  In one recent case, we [...]

October 24th, 2018|0 Comments

Crossing and Narrow Channel? Which rule applies?

It’s not often that collision cases make it to the Court of Appeal. However, large sums were at stake for the Owners of the EVER SMART as they were deemed predominantly to blame for the collision that took place in the early hours of 11 February 2015 as their vessel [...]

October 11th, 2018|0 Comments

The New Nordic Marine Plan now in force

It is important for all Admiralty Practitioners to be familiar with the Nordic Plan.  Although it is of course governed by Norwegian law we sometimes see insurance written on the Plan but with English law and arbitration. However, regardless of the law and arbitration provisions, it is important in any [...]

October 11th, 2018|0 Comments

New safety regulations come in at Chittagong

The anchorage at Chittagong has been the subject of much comment over the years.  Some argue that it goes so far as to be an unsafe anchorage.  We have certainly seen this in various proceedings which stem from incidents at the port.  It is perhaps welcome therefore that the authorities [...]

October 10th, 2018|0 Comments

Can you agree not to modify an agreement orally?

This issue came up recently in the Supreme Court (1). Previously it had always been the case under English law that parties could verbally agree to vary anything in a contract, provided of course that there was sufficient evidence, intent and consideration. That also extended to varying clauses which, on [...]

October 4th, 2018|0 Comments

When force majeure gets you off the hook?

The old chestnut “force majeure” came up recently in the case of Classic Maritime Inc. v Limbungan Makmur SDN BHD & Anor [2018] EWHC 2389 (Comm) (13 September 2018) . Classic Maritime and Limbungan entered into a COA for numerous Brazilian iron ore cargoes.  It later transpired that Limbungan as charterers were not [...]

September 28th, 2018|0 Comments