Our news and views...



Should a General Average Guarantee bind the party issuing it irrespective of fault for the event giving rise to it?

That was the question in a recent Commercial Court case (1). Is the defence of actionable fault under Rule D of the York-Antwerp Rules available to an insurer under a general average guarantee in the AAA/ILU standard form?  Rule D is designed to keep the issue of fault outside the average adjustment to ensure that [...]

December 10th, 2019|

When is a guarantee not a guarantee?

Sadly, we see many cases where clients enter into charters on the assumption that their counterparty risk is guaranteed only to find out later that the “guarantee” is effectively worthless. Earlier this year the English Courts provided valuable guidance on how to apply the rules of construction when determining the scope and validity of a [...]

November 25th, 2019|

BDM Expands Again

In the last month, BDM has welcomed two new additions to the firm. Benita Cheung joins the firm as a Senior Associate. She has worked for several leading international maritime law firms. She specialises in shipping law, in particular contractual disputes arising under charterparties, bills of lading (including cargo claims), shipbuilding contracts, ship management agreements and [...]

November 18th, 2019|

Early Intervention

Our thanks go to North and Sea Mediation for arranging this well attended seminar on how early intervention can lead to quicker and better outcomes in legal disputes. Nick and Gabby attended alongside prominent names from the legal and P&I world. Maintaining good relations with our main competitors is important when it comes to getting the [...]

October 17th, 2019|

The importance of paying hire on time!

It seems that the days of tardy hire payments may be over, at least in some sectors where spot markets are booming and predicted to remain high. Tanker operators have for many years struggled to survive in a market where spot rates have long been below operational and finance costs. This has led to legal issues [...]

October 15th, 2019|

When does a document lose its privileged status?

According to a recent Court of Appeal decision(1) the answer is - until someone with appropriate authority waives privilege or statute provides for its disclosure. That is the case even if there is no-one in existence to waive privilege such that the document remains privileged forever! This issue came up in the context of an application [...]

October 8th, 2019|