IN THIS ISSUE
1. Hague Rules Time Limitations and Misdelivery Claims
2. Video: Bills of Lading–Recent Developments
3. Governance at the International Maritime Organisation
4. Submarine Races from the 4 to 13 July 2018
5. How to get Away with Financial Fraud
6. People and Places
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1. Hague Rules Time Limitations and Misdelivery Claims
Ian Short and Trudy Pisani-Cerulli of CJC Law write:-
In the case of Deep Sea Maritime Ltd v Monjasa A/S (The Alhani) the judgment delivered on 15 June 2018 by David Foxton QC (sitting as a Deputy Judge of the High Court) ruled that the one-year time bar in Article III Rule 6 of the Hague Rules (the “Rules”) is wide enough to apply to misdelivery claims, including cargo delivery without the production of the bill of lading, provided such took place within the period of responsibility under the Rules. David Foxton QC held that the words “in any event” in Article III Rule 6 are sufficiently wide and reference was made to those cases in the context of Article IV Rule 5, where the package limitation under the Rules was held to be wide enough, to apply to various types of breaches.
The seriousness of the question David Foxton QC was faced with in this case, is quite apparent, given the importance of the one-year time bar for shipowners and the popularity of cargo deliveries against standard Letters of Indemnity.
David Foxton QC held as follows: “the object of finality which it has been held that Article III Rule 6 was intended to achieve …would be seriously undermined if the Rule did not apply to misdelivery claims.”
David Foxton QC was further requested to decide on whether Article III Rule 6 was limited in its application to breaches of the specific obligations set out in the Rules, which he ruled in the negative.
David Foxton QC held that it is well-established that a cargo claimant cannot circumvent the limitations and exclusions in the Rules by suing the shipowner for the torts of negligence or conversion, or indeed for breach of bailment. Likewise, although the Rules do not regulate the carrier’s duties with respect to the “delivery” of the cargo, Article III Rule 6 is still applicable to misdelivery claims, provided that such delivery took place during the period of responsibility covered by the Rules.
Finally, David Foxton QC also held that commencement of suit in a jurisdiction, other than the one specified in an exclusive jurisdiction clause incorporated in a bill of lading, is not sufficient for the purposes of protecting the time-bar under Article III Rule 6.
Read the note in full here:-
http://www.cjclaw.com/cms/
Read the Judgment in full here:-
http://www.cjclaw.com/cms/
2. Video: Bills of Lading–Recent Developments
Our friends over at Brick Court have sent over a link to a recording of their recent seminar. The Speakers included Sir Richard Aikens, Richard Lord QC, Michael Bolding and Joanne Box.
http://www.brickcourt.co.uk/
3. Governance at the International Maritime Organisation
Jen Pollakuskym of Transparency International has sent in their new report which highlights several transparency and accountability flaws that could hinder the IMO’s ability to deliver on its own climate goals in reducing carbon emissions. The organisation is not too impressed with the IMO and the ways it goes about its business.
Download the full report here:-
https://www.transparency.org/
4. Submarine Races from the 4 to 13 July 2018
Word reaches us of the immanence of this event at QinetiQ’s Ocean Basin in Gosport, UK, the venue for the European International Submarine Races 2018. Teams of university students from across the world will be racing human-powered submarines (which they have designed and built themselves) in a huge indoor tank. It is a unique engineering and sporting challenge!
The qualified teams are:
1.Technical University of Delft; Wasub 8
2: Ecole Polytechnique de Montreal; Archimede 6
3: Florida Atlantic University; HPS Atlantic
4: University of Victoria; Chinook
5: Ecole de Technologie Superieure; Omer 11
6: Technical University of Gdansk; Nautilus
7: University of Michigan; Bluefin
8: Rhine Waal University; Rivershark
9: University of British Columbia; Skookumchuk 4
10: Texas A&M University; Hullabalooga
11: University of California, San Diego; Vaquita
12: University of Washington; Knotty Dawg
Read all about it here:-
https://www.imarest.org/
5. How to get Away with Financial Fraud
The Long Read feature published by the Guardian newspaper here in the UK is often worth taking in. This item by Dan Davies, a former Bank of England economist begins with the Libor scandal in particular and then reflects on the generality of fraud. The traces of malfeasance are always there but the will to examine the basics is often not. This is often because uncritical trusting in the system is part of making money until the day dawns when the balloon goes up..
https://www.theguardian.com/
6. People and Places
Karen Morris has joined the board of the Nexus Group (Nexus) as an independent Non-Executive Director of underwriting operations She is an English barrister and an international tax and corporate lawyer.
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The Swedish Club has appointed five new Board members:-
• Dr. Zou Yingying, Deputy General Legal Counsel and General Manager of the Legal Department of China Merchants Energy Shipping Ltd.
• Mr. Gu Zhongdong, Deputy Managing Director of Cosco Shipping Lines Ltd.
• Capt. Thanasis C. Beis, Managing Director of Costamare Shipping Co. S.A.
• Mr. Mikael Livijn. General Counsel Wallenius Lines AB, Wallenius Marine AB
• Mr Twinchok Tanthuwanit, Owner representative of Regional Container Lines Pte. Ltd.
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Stone Chambers join as ‘36 Stone’
The Chambers known as 36 Stone has been joined by the specialist shipping set, Stone Chambers, together with their Executive Officer, Luke Irons. The 36 Group, which traces its unbroken history back to the 1880s, will now number more than 140 members, including 20 Silks. Among 36 Stone’s highly-ranked counsel are Elizabeth Blackburn QC, Vasanti Selvaratnam QC, Dr Colin Ong QC and Professor Charles Debattista.
Due to its continued expansion and successes, The 36 Group is soon to move to prestigious new premises. Having completed the acquisition on Friday 22nd June 2018, Chambers plans to transfer its operations to the magnificent, detached building at 4 Field Court, overlooking the lawns of Gray’s Inn. Work has already begun to design and to create what will be an unrivalled, modern Chambers in the heart of legal London, offering state of the art conference facilities and an ADR suite.
The expansion, which also sees the acquisition of a Singapore office and a Hong Kong and Brunei connection, will add to The 36 Group’s ever-growing international presence, it having existing members based in Dubai, Delhi, Dublin and Johannesburg.
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From the Avo Archive
The website of this newsletter contains all the editorial material since the inception of the Maritime Advocate as a print based quarterly in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred Arnold. Readers can go to the site and search the database on the home page in its entirety. If you are looking for an old case, an old controversy or you would just like to see how many times you and your firm have featured in our annals feel free to access the archive. It is like this e-zine, free to Readers and we always appreciate the support of advertisers and sponsors.
Many times there are warnings about entering a life at sea. This list appeared in Issue 112 of 01 July 2003 but something like it could have appeared anytime in modern memory, we suppose.
Top Ten Reasons For Not Going To Sea
10. Piracy
9. Increased frequency of coastal states ordering a ship to sail from safe to dangerous waters
8. The possibility of no rescue while in distress at sea
7. More opportunities to go to prison for performing job than when working on land
6. Abandonment in a foreign port without pay, sustenance or the means to go home
5. Erosion of legal rights and access to courts to protect those rights
4. The need for an expensive visa to go ashore in the US
3. Difficulty in obtaining an expensive visa from a US consulate
2. Extra security duties without extra pay
1. Expected to protect ship and port security, but not trusted to go ashore
(Source: Doug Stevenson, attorney director of the Centre for Seafarers’ Rights, New York, addressing the CMA conference in Connecticut on the state of the maritime industry from a seafarer’s point of view)
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Secret of Life
Grandpa was celebrating his 100th birthday and everybody complimented him on how athletic and well-preserved he appeared.
“Gentlemen, I will tell you the secret of my success,” he cackled. “I have been in the open air day after day for some 75 years now.”
The celebrants were impressed and asked how he managed to keep up his rigorous fitness regime.
“Well, you see my wife and I were married 75 years ago. On our wedding night, we made a solemn pledge. Whenever we had a fight, the one who was proved wrong would go outside and take a walk.”
[Paul Dixon]
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Vocation
The physician was taking her four-year old daughter to pre-school.
The doctor had left her stethoscope on the car seat, and her little girl picked it up and began playing with it.
Be still my heart, thought the doctor, my daughter wants to follow in my footsteps!
Then the child spoke into the instrument: “Welcome to McDonald’s – May I take your order?”
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Thanks for Reading the Maritime Advocate online
Maritime Advocate Online is a weekly digest of news and views on the maritime industries, with particular reference to legal issues and dispute resolution. It is published to over 21 000 individual subscribers each week and republished within firms and organisations all over the maritime world. It is the largest publication of its kind. We estimate it goes to around 60 000 Readers in over 120 countries.