Time charters and legitimate last orders
2004/01/10
Ince & Co Shipping Law Update regarding the clarification on the law on late redelivery under a time charter. There is also a comment on an unusual collision, subcharterers' right to limit liability in New Zealand and an item of interest to cruise operators.
Places of Refuge in the United Kingdom
2003/11/25
This paper was given at the Sothampton Institute of Maritime Law and BMLA seminar on 30th March 2004 concerning the UK system for addressing the issue of places and ports of of safety.
This edition of the Maritime Review contains a broad selection of pieces. The first is a detailed article on maintenance obligations under bareboat charterparties, of interest to both the offshore and the shipping industry. There is a further update on the progress of Basel II, a note on recent developments in mediation, and a note on changes to the UK tonnage tax regime.
War and Charter Parties
2003/03/18
A paper consideraring how war can affect rights and obligations under voyage charterparties.
Highlights issue 5:
2003/02/01
HiLights Issue 2 - 2001
2002/11/17
Hilights Issue 3: (February 2002)
2002/10/14
Highlights Issue 1 (2001)
2002/03/17
The vast majority of ships trading today are purchased with money advanced by a bank or other financial institution and are therefore subject to a mortgage. It will usually be agreed, however, that the owner will continue to trade the vessel himself so that the bank will not be directly involved in the ship's commercial operation. Indeed, it is likely to be the trading income earned by the owner which is used to pay the mortgage debt. But there will inevitably be occasions when the mortgagee bank wishes to exercise its option to enforce its mortgage, for example by arresting and selling the ship. Whatever the position between the bank and the shipowner, the effect of such an arrest may well be to prevent performance of the contracts of carriage to which the ship is then subject; thereby causing a breach of the charterparty between the owner and the charterer and/or the bill of lading contract between the owner and cargo interests. This article examines the extent to which the existence of a charterparty or bill of lading contract may inhibit the ability of a mortgagee to enforce his mortgage, and his potential liability if he goes beyond these limits.
This article looks at the operation of such cancelling clauses, and how they interrelate with the charterer's remedies