A feature of climate change litigation in the US since 2017 has been suits against oil and gas companies by various public bodies claiming damages for the additional mitigation costs they are and are going to face as a result of climate change, or for concealing and misrepresenting the climate change impacts of fossil fuel ..read more

In July 2024 the Supreme Court heard the appeal in The “GIANT ACE”, FIMBank PLC v KCH Shipping Co Ltd from the decision of the Court of Appeal [2023] EWCA Civ 569 which upheld the judgment of Sir William Blair J that the one year time limit under the Hague-Visby Rules applies to claims for ..read more

The vessel was trip charted to the charterer under an amended NYPE 93 form. The charterer then sub-chartered the vessel on a voyage basis. When the chartered vessel was at the discharge port on 22 January, the master informed the charterers’ agents at 12.51 that it had anchored and awaited berthing instructions. The charterers’ agent ..read more

The judgment of Mrs Justice Dias in MOK Petro Energy v. Argo (No. 604) Limited (The “F1”) [2024] EWHC 1935 (Comm), handed down on Friday 26 July, contains an important analysis of the requirement of physical “damage” in a particular average claim. It is also one of the first reported decisions to analyse the operation ..read more

In The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) (No 2)  [2024] UKSC 22 the Supreme Court was asked to decide whether the owner of the beds and banks of the canal, the Manchester Ship Canal Company Ltd (“the Canal Company”), could bring a claim in nuisance or trespass when ..read more

If you have a claim against a defendant who carries liability insurance, the insurance covers the claim, and the defendant is insolvent, you’re protected under the Third Parties (Rights Against Insurers) Act 2010 up to the limit of cover, right? Normally, yes: but er … not absolutely always. A nasty little trap was shown up ..read more

The UK’s legal landscape is on the brink of a significant transformation as the new Labour Government sets out to follow through on previous plans to reform arbitration law. The proposals for a new Arbitration Bill were prominently featured in the King’s Speech delivered on 17 July 2024 marking a pivotal moment for the country’s dispute resolution framework. The proposed provisions of the new Bill are designed to enhance modernisation, transparency, streamline procedures, and make arbitration more efficient for all parties involved. Following the Law Commission’s continuous efforts and re ..read more

“Pay to be paid” in a liability insurance policy means what you might think, said Foxton J yesterday in a judgment that one suspects will be cheered throughout the industry. The facts of MS Amlin Marine NV v King Trader Ltd [2024] EWHC 1813 (Comm) were refreshingly simple. In 2018 King time-chartered the Solomon Trader, a smallish bulker, to bauxite miner BMC. She ran aground in the Solomon Islands in 2019, suffering damage and nearly but not quite causing an environmental disaster. In the ensuing LMAA arbitration King was awarded $30-odd million in damages against BMP. Unfortunately BMC then ..read more

On 27 June 2024, the United Kingdom officially ratified the Hague Judgments Convention (“HJC”) as a significant step forward in international legal cooperation. This move aligns the UK with international legal community committed to facilitating the cross-border recognition and enforcement of civil and commercial judgments. The ratification is set to have far-reaching implications for businesses, individuals, and the legal community, enhancing the predictability and efficiency of international litigation. Understanding the Convention: Key Provisions and Merits The HJC, formally known as the “H ..read more

Just before Christmas last year we welcomed a decision from Dias J on the law of conditional obligations. Of course we spoke too soon. Today that decision was reversed by a unanimous Court of Appeal. King Crude Carriers v Ridgbury [2024] EWCA Civ 719 involved a contract for the sale of three Suezmax tankers under NSF 2012 for something like $50 million. The buyers agreed to pay a 10% deposit to HFW Greece as stakeholders within three days after signing the deal, provided HFW confirmed that they were in a position to receive the money. The contract went on to say that if the buyers did not pay ..read more