Matthew Reeve gives a brief and topical analysis of the position of owners, when stuck with someone else’s cargo, having withdrawn the vessel or terminated the charterparty, including recent cases such as, The KOS  UKSC 17,  2 Lloyds 292, Benedetti v Sarawis  AC 938, The BULK CHILE  2 Lloyds 38, The LEHMANN TIMBER  2 Lloyds 541 and The BAO YUE  1 Lloyds 320. To view the article in full, please follow the attached link to the Lexology website.
Michael McParland’s article “Tacit contractual relationships and the special jurisdiction provisions of the Brussels I Regulation: Granarolo v Ambrosi” has been published today in Lloyd’s Maritime and Commercial Law Quarterly (LMCLQ (2016), pp. 500-517). Michael’s article deals with important developments in the European Court of Justice (‘ECJ’) as to how the concepts of ‘matters relating to a contract’ and ‘matters relating to tort, delict or quasi-delict’ are to be interpreted for the purposes of the ‘special jurisdiction’ provisions of the Brussels I Regulation, and will be of interest to anyone involved in cross-border disputes in Europe. The ECJ has introduced for the first time a concept of ‘tacit contractual relationships’: which, if found to exist in the specific circumstances of the case, means the special provisions of contractual jurisdiction are engaged, even though national law (and the Advocate General in the Granarolo case itself) had characterised the claim as tortious. Granarolo is likely to give rise to a number of disputes and further questions in the future, and will also have an impact in determining how (and indeed where) the dividing line between the applicable law regimes of the Rome I and Rome II Regulations is to be drawn.
Robert Thomas QC and Jeremy Richmond look at some pressing legal issues arising from the recent insolvency of Hanjin Shipping. Please click here to view the full article, which was published in the November 2016 Volume 13, Issue 6 of International Corporate Rescue and appears here with the kind permission of the publishers, Chase Cambria.
Nevil Phillips outlines the recent judgment against Amazon, who were found guilty of breaching dangerous goods rules. He explains the background to Amazon's prosecution and provides a summary of this area of law. To view the article in full, please click on the attached link.
This article was first published on Lexis®PSL Commercial on 19 October 2016. Click for a free trial of Lexis®PSL