English Maritime Law Update : 2008

This survey of recent developments includes reports on the new Rotterdam Rules intended to govern claims of damage or loss for goods carried by sea under bills of lading and new Institute Cargo Clauses for use in policies of marine insurance. Reports are also offered on the cases of Transfield Shipping Inc. v. Mercantor Shipping Inc., in which the House of Lords considered the nature of foreseeable damages arising from tardy re-delivery under a charterparty, and Scottish & Newcastle International Ltd (S&N) v Othon Ghalanos Ltd., in which the Lords found jurisdiction pursuant to the Judgments Regulation No 44/2001 of the European Council for a dispute arising from a contract for carriage essentially FOB Liverpool. Herein can also be found reports of AIC Ltd. v. Marine Pilot Ltd., in which the Court of Appeal ruled that nomination of a safe port amounted to a warranty thereof; Golden Fleece Maritime Inc. v. ST Shipping and Transport Inc., in which that court ruled that, under a Shelltime 4 charterparty, the owner bore the loss when amendments to MARPOL regulations reduced the load its tankers could carry; and Pratt v. Aigaion Insurance Co., in which the Court of Appeal found in a manning warranty an implied limit to occasions of navigational risk, and thus no breach by the insured when the vessel was left unattended while alongside in port