Delos Shipholding SA & Ors v. Allianz Global Corporate and Speciality SE & Ors [2024] EWHC 719 (Comm) The insured vessel (Win Win) was detained by the Indonesian authorities inside Indonesian territorial waters in February 2019 when she was at anchorage off the island of Bintan without the approval of the authorities. The infringement was one which might ordinarily lead to a fine but instead, the vessel was detained by Indonesian authorities for more than a year while her Master was prosecuted, eventually receiving a suspended sentence of seven months’ imprisonment and a f ..read more

In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20) the European Court of Human Rights on Tuesday held, by a majority of sixteen votes to one, that there had been: a violation by Switzerland of Article 8 (right to respect for private and family life) of the European Convention on Human Rights;and, unanimously, that there had been: a violation by Switzerland of Article 6 § 1 (access to court). The case concerned a complaint by four women and a Swiss association, Verein KlimaSeniorinnen Schweiz, whose members are all older women concerned about the consequence ..read more

In The Ever Given  [2024] EWCA Civ 260, the Court of Appeal has upheld the decision of Andrew Bake J that no salvage contract came into being between the shipowners and the salvors, SMIT, in connection with the assistance rendered to the vessel when it became stuck in the Suez Canal in March 2021. Andrew Baker J found, on a preliminary issue, that no salvage contract had come into existence between the parties. Instead, Smit’s claim for salvage, in respect of its services in successfully refloating the vessel and bringing it to a place of safety, fell under the 1989 Salvage Convention, wi ..read more

We don’t know what happened to the Dali to make her demolish the Francis Scott Key Bridge on her way out from Baltimore Port down the Patapsco River en route for Sri Lanka, though there are indications that she lost power a few minutes before impact. We will find out more in due course, since the VDR we understand has been recovered intact. The immediate impact on lives is tragic: we know six are unaccounted for, and it may be more. (Unfortunately your survival chances when pitched at dead of night into water at about 6 degrees Centigrade aren’t high.) Clearing up the mess and reopening Baltim ..read more

To add to its suite of ETS clauses, on 8 December 2023 BIMCO released the ETS – SHIPMAN Emission Trading Scheme Allowances Clause 2023. The clause deals with two situations. First, the default position under the EU ETS, whereby owners are the responsible entity for surrendering emissions allowances. The owners are to comply with, or procure compliance with, surrender of emissions allowances under any relevant scheme, and the ship manager are to provide Owners with emissions data in a timely fashion to enable Owners to comply with their emissions allowance obligations. Second, where the party r ..read more

In 1897, Mark Twain, on reading his own obituary, was said to have remarked, “The reports of my death are greatly exaggerated.” Last Friday, on 15 March, the compromise text of the Corporate Sustainable Due Diligence Directive (CSDDD) was endorsed by the EU Council. This followed a compromise text circulated by the Belgian presidency on March 6, which was subject to further concessions on 13 March. The Parliament must now approve the Council’s compromise text at a vote likely to take place in April. The compromise text raises the qualifying threshold for EU Companies (1000 rather than 500 empl ..read more

Frederick J Kenny, our new member, will post blog posts soon ..read more

To complement its 2022 Emissions Trading Scheme Allowances Clause for time charterers, on 8 December 2023, BIMCO released three ETS clauses for voyage charters. As with the 2022 time charter clause, the clauses seek to place all the costs of incurring liability for emissions allowances onto the voyage charterer.  This can be done as follows:  – by including them in the freight rate, under the ETS – Emission Scheme Freight Clause for Voyage Charter Parties 2023, or – by requiring payment of a surcharge for payment of emission allowances under the voyage with owners remaining responsib ..read more

When do time charterers have to pay hire after redelivery? When there’s the right form of underwater cleaning clause. So held Sir Ross Cranston (sitting as a High Court Judge) in The Globe Danae (Smart Gain Shipping v Langlois Enterprises) [2023] EWHC 1683 (Comm). The clause in question, in a trip charter, provided: “Clause 86 Hull Fouling Owners not to be responsible for any decrease in speed/increase in consumption of the Vessel whether permanent or temporary cause [sic] by Charterers staying in ports exceeding 25 days trading in tropical and 30 days if in non-tropical waters. In such a case ..read more

An update on yesterday’s item. Today, there was the vote.  13 EU members abstained and one voted against. Therefore, the Directive did not meet the threshold for qualified majority voting. Looks like the legislative process will have to start again after the new Parliament is elected in June. The proposed Directive imposes mandatory due diligence obligations relating to human rights, the environment and climate change, on large EU companies, and large non-EU companies that do a specified level of business in the EU. It contains provisions for administrative sanctions as well as for civil ..read more