• Bull’s Eye??? | Case by Case (Ep. 66)

    Bull’s Eye??? | Case by Case (Ep. 66)

    This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569.

    This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules… Is there a big difference between the two versions of the Convention on the application of the one year time bar to post-discharge misdelivery claims? The court states that it found the „bull’s eye“ in the travaux préparatoires reaching its decision… We ask, with respect, did it really?

  • Cause and (no) effect | Case by Case (Ep. 65)

    Cause and (no) effect | Case by Case (Ep. 65)

    This week Luke and Calum discuss the English Court of Appeal case of Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471.

    This is a fascinating case that gets into the heart of the status of paper bills of lading. It highlights the dangers for banks in relying on paper bills, where the charterparty allows for novation of the charterparty and delivery against a letter of indemnity from charterers.

  • In the Bunker(s) | Case by Case (Ep. 64)

    In the Bunker(s) | Case by Case (Ep. 64)

    Case by Case – episode 64: In the Bunker(s)

    What are bunkers? Fuel on ships. You know when you hire a rental car and it comes with a full tank… and you need to choose whether to give the car back with a full tank (having filled up yourself) or you pay the top up amount at the rental company’s price? Well, we are talking about something similar here. Ships don’t usually get delivered, or redelivered, on time charters with full tanks. But how do you deal with the bunkers? Here we look at what formula should apply to work out how much the charterers (ie. the renters) need to pay the owners (ie. the rental company) for the fuel on redelivery. It’s a neat one that deals with when charterers redeliver too much ! Remember the price of fuel fluctuates regularly and we’re not talking about the mere cost of filling up a car…

    Citation is LMLN London Arbitration 3/23.

  • Wafeek Elafifi

    Wafeek Elafifi

  • The Usual Subjects | Case by Case (Ep. 61)

    The Usual Subjects | Case by Case (Ep. 61)

    This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555.

  • Ever Given – Salvaging a Contract | Case by Case (Ep. 60)

    Ever Given – Salvaging a Contract | Case by Case (Ep. 60)

    We go back to the moment when everyone knew what shipping lawyers dealt with. The Ever Given blocked the Suez Canal in March 2021. Luke and Calum remember it like yesterday.