Dry Shipping
A very substantial part of Michael Nolan’s practice involves shipping disputes under charterparties, bills of lading, ship sale and building contracts and marine insurance policies. He also has particular experience of disputes arising in the sea fishing industry and of harbour law. He has acted or advised in several disputes involving pollution of the sea including the Sea Empress incident off Milford Haven and the loss of the Ievoli Sun. He has acted in numerous reported shipping cases including Caltex v BP Shipping [1996] 1 Lloyd’s Rep 286 (jurisdiction), The Happy Fellow [1997] 1 Lloyd’s Rep 130 Court of Appeal (Brussels Convention), Reeman v The Dept of Transport [1997] 2 Lloyd’s Rep 648, Court of Appeal (fishing vessel certification), The Darya Tara [1997] 1 Lloyd’s Rep. 42 (time charter implied indemnity), Baghlaf al Zafer v Pakistan National Shipping Company, Court of Appeal (exclusive jurisdiction clause) [1998] 2 Lloyd’s Rep. 229 and [2000] 1 Lloyd’s Rep 1, General Feeds v Slobodna Plovidba (The Krapanj) [1999] 1 Lloyd’s Rep 168 (dangerous cargo) and the Smaro [1999] 1 Lloyd’s Rep.225 (Ship-sale arbitration – time-bar). Other reported cases include:
- P v Q [2018] 2 Lloyd's Rep. 452. Commercial Court. Arbitration Application for extension of time under s 12 of Arbitration Act 1996. Voyage Charterparty.
- Imperator Maritime v Bunge [2016] 2 Ll. Rep. 293. Commercial Court. Arbitration appeal. Time Charterparty. Performance warranty. Implied indemnity. Hull Fouling.
- The Styliani Z [2016] 1 Ll. Rep. 395. Admiralty Court. Cargo Claim. Action in rem started on wrong form. Court’s power to remedy “error of procedure”.
- The Glory Sanye [2015] 1 Ll. Rep. 210. Commercial Court. Arbitration Appeal. Voyage Charter. Scope of indemnity. Whether Charterers liable for costs of transit of Suez Canal.
- Zhoushan Jinhaiwan v Golden Exquisite Inc. [2015] 1 Ll. Rep. 283. Commercial Court. Arbitration Appeal. Shipbuilding Contract. Termination for delay. Whether delay, permissible or otherwise, left out of account if caused by Buyers Whether interest payable on refund of price on termination
- The Athena [2013] 2 Ll. Rep. 673. Court of Appeal. Off hire. Meaning of clause 15 (net loss of time clause) in NYPE Time Charterparty.
- The Dimitris L [2012] 2 Ll. Rep. 354. Commercial Court. Time Charterparty. Construction of US Tax Reform 1986 Clause.
- The Triton Lark [2012] 1 Ll. Rep. 151 and 457. Commercial Court. Time Charterparty. Construction of Conwartime 1993 in the context of the recent piracy problems in the Gulf of Aden.
- Elafonissos Shipping v Aigaion Insurance [2012] All ER (D) 169. Insurance. Claim for damage to fishing vessel in cyclone Bondo. Construction of warranty.
- X v Y [2011] 1 Ll. Rep. 294. Charterparty. Construction of Centrocon arbitration clause.
- Pratt v Aigaion Insurance [2009] 1 Ll. Rep 225. Court of Appeal. Marine Insurance. Effect of warranty as to presence of Owner and skipper on board “at all times.”; Reported at first instance at [2008] Lloyd's Rep IR 610
- The Count [2008] 1 Lloyd’s Rep. 72. Commercial Court. Voyage charter. Safe port warranty.
- The Kitsa [2005] 1 Lloyd’s Rep 432. Commercial Court. Time charter, implied indemnity, liability for bottom fouling in course of charter.
- Dart Harbour and Navigation Authority v Sec of State for Transport Local Govt and the Regions [2003] 2 Lloyd’s Rep. 607. Administrative Court. Judicial review of decision by Sec State for Transport relating to the licensing of moorings in Dart Harbour involving amongst other things consideration of what a mooring is.
- The Margaretha Maria [2002] 2 Lloyd’s Rep 293, Court of Appeal decision relating to the 1976 Limitation Convention. First Court of Appeal authority on the employment status of share fishermen.
- Gannet Shipping v Easttrade Commodities [2002] 1 Lloyd’s Rep. 713. Commercial Court. Arbitrators’ jurisdiction to correct mistakes in award.
- Recent representative shipping arbitrations and related applications include:
- Arbitration appeal against awards made in arbitrations held in India but with an English seat in respect of disputes as to sums payable under contracts for the charter of 3 dredgers.
- COA for carriage of cargoes of oil. Effect of Sanctions against Iran. Responsibility for actions of intermediate broker.
- Time charter – whether Chinese port in process of extensive development safe for purposes of safe port warranty.
- Time charter – Meaning of “Rightship approved.”
- Series of multi-million dollar shipbuilding disputes arising out of early termination of contracts for late delivery.
- Shipbuilding – whether vessel complied with description. Damages for late delivery.
- Voyage charterparty – liability for damage to tanks of chemical carrier.
- Voyage charterparty – liability for damage to cargo of tuna.
- Time charter. Force majeure and quantification of damages for alleged renunciation of long term charter.
- Shipbuilding dispute - provision of refund guarantees.
- Multi-million euro dispute arising out of construction of a Superyacht.
- Time charter. Dispute about extent of lien on sub-freights.
- Dispute between shipping line and former director arising out of proposed management buyout.
- Multi-million dollar dispute arising out of a bare-boat charter of a drilling ship and an application for relief from forfeiture.
Wet Shipping
Michael Nolan has extensive experience of all forms of Admiralty dispute but in particular those involving ship arrest, disputes as to jurisdiction and limitation claims. Amongst the reported cases in this area in which he has been involved are: The Styliani Z [2016] 1 Ll. Rep. 395. Admiralty Court. Cargo Claim. (Action in rem started on wrong form. Court’s power to remedy “error of procedure”), The Margaretha Maria [2002] 2 Lloyd’s Rep. 293, Court of Appeal (1976 Limitation Convention. First Court of Appeal authority on the employment status of share fishermen), The Happy Fellow [1997] 1 Lloyd’s Rep. 130 Court of Appeal (Brussels Convention/limitation), Caltex v BP Shipping [1996] 1 Lloyd’s Rep 286 (jurisdiction/ limitation), The Honshu Gloria [1986] Lloyd’s Rep (appraisal and sale, Marshal’s fees), The Vanessa Ann [1985] 1 Lloyd’s Rep. 549 (release from arrest). He acted for the claimants in one of the very few General Average cases reported in the last 20 years - The Alpha [1991] 2 Lloyds Rep. 515. He has acted or advised in several of the recent disputes involving pollution of the sea including the Sea Empress incident off Milford Haven and the loss of the Ievoli Sun.
CMR
In addition to transport by sea, Michael has extensive experience of disputes involving the international carriage of goods by road. Reported cases include:
- Denfleet v TNT Global [2007] 2 Lloyd's Rep. 504, Court of Appeal. Whether falling asleep at the wheel amounts to “wilful misconduct”; for the purposes of Articles 29 and 32 of the CMR.
- Sandeman Coprimar v Transitos y Transportes Integrales [2003] Q.B. 1270, Court of Appeal. Significant decision on the scope of Article 23(4) of the CMR, on the interrelationship between domestic law relating to sub- bailment and the successive carriage provisions of the CMR and on remoteness.