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Concept

 

This article summarises and explains some of the most important legal developments in maritime law, including the law of contracts of carriage, marine insurance, ship sale and the sale of goods, in 2017.

 

The scope of this analysis encompasses the common law jurisdictions of England and Wales as well as Singapore, Australia and Hong Kong, with cases also from Canada and the USA. Highlights include decisions by the UK Supreme Court in The Ocean Victory and The New Flamenco, and an unusual number of decisions on collisions, voyage charterparties and general average.

 

 

Contents

Shipping contracts: developments

  • OW Bunker insolvency

Charterparties

  • Time charterparties
  • Voyage charterparties
  • Bareboat charterparties

Bills of lading

Sale of goods

Ship building

Marine insurance

  • Contracts
  • Marine insurance and jurisdiction
  • General average

Admiralty

  • Admiralty – jurisdiction and limitation of liability
  • Admiralty – substance

Looking ahead

Maritime Law Review front cover

 

Important case law considered

  • Aspen Underwriting Ltd v Kairos Shipping Ltd and Others (The Atlantik Confidence) (QBD (Comm Ct)) [2017] EWHC 1904 (Comm); [2017] 2 Lloyd’s Rep 295
  • Delaware North Marine Experience Pty Ltd v The Ship “Eye-Spy” (FCA) [2017] FCA 708; [2017] 2 Lloyd's Rep 463
  • Dream Star, The (SGHC) [2017] SGHC 220; [2017] 2 Lloyd’s Rep 538
  • Dry Log Bulk Carriers v Phaethon International Co SA (The M/T Bulk Indonesia) (QBD (Comm Ct)) [2016] EWHC 3798 (Comm); [2017] 2 Lloyd’s Rep 385
  • Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain (The New Flamenco) (SC) [2017] UKSC 43; [2017] 2 Lloyd’s Rep 177
  • Gard Marine & Energy Ltd v China National Chartering Co Ltd and Another (The Ocean Victory) (SC) [2017] UKSC 35; [2017] 1 Lloyd’s Rep 521
  • Glencore International AG v MSC Mediterranean Shipping Co SA (CA) [2017] EWCA Civ 365; [2017] 2 Lloyd’s Rep 186
  • Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte mbH & Co KG and Another (The Longchamp) (SC) [2017] UKSC 68; [2018] 1 Lloyd’s Rep 1
  • Teekay Tankers Ltd v STX Offshore & Shipbuilding Co Ltd (No 2) (QBD (Comm Ct)) [2017] EWHC 253 (Comm); [2017] 1 Lloyd’s Rep 387
  • Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd (The MV Yangtze Xing Hua) (CA) [2017] EWCA Civ 2107; [2018] Lloyd’s Rep Plus 8
  • Vitol SA v Beta Renowable Group SA (QBD (Comm Ct)) [2017] EWHC 1734 (Comm); [2017] 2 Lloyd’s Rep 338

 


 

Author

Dr Johanna Hjalmarsson

Informa Associate Professor in Maritime and Commercial Law, Southampton Law School, University of Southampton

Johanna has been with the University of Southampton since completing her LLM in Maritime Law in 2004, initially as a researcher with the Institute of Maritime Law and since 2006 on a research position sponsored by Informa. Before joining Southampton, Johanna served as a junior judge in Sweden and spent several years with the United Nations International Drug Control Programme and the Office of the High Representative in Bosnia and Herzegovina.

Johanna’s research covers maritime and commercial law, insurance law and dispute resolution. She is the editor of Lloyd’s Law Reporter and Lloyd’s Shipping & Trade Law as well as The Ratification of Maritime Conventions. She takes a particular interest in jurisdictions undergoing comprehensive development and has co-edited two books on Maritime Law in China and Insurance Law in China, and co-authored two editions of Singapore Arbitration Legislation with Professor Robert Merkin.

She completed her doctoral thesis on fraudulent insurance claims under English law in 2016. Her publications have been cited by the courts in Singapore and Australia and by the Law Commissions of England and Wales and Scotland. She received the Vice-Chancellor’s Award for Excellence in Teaching in 2009 and the Vice Chancellor’s Award in 2011.

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