The Court of Appeal overturned the decision of Teare J in finding that the port was prospectively safe. The combination of long period swell waves and northerly gales experienced by the vessel was an “abnormal occurrence”.
Read MoreIf a Section 67 applicant wants to introduce new evidence, which he did not see fit to place before the Tribunal, he must comply fully with his disclosure obligations. To do otherwise would be a denial of justice to the Defendant and could give rise to the risk of irremediable prejudice, with the consequence that the applicant may be limited to the evidence upon which the Tribunal made its determination.
Read MoreThis article summarises the Court of Appeal decision on the proper construction and application of additional clause 49 of an amended NYPE form, which provided that the vessel would be off-hire in the event of being captured, seized, detained or arrested “unless such capture or seizure or detention or arrest is occasioned by any personal act or omission or default of the charterers or their agents”.
Read MoreFollowing an in-depth review of Civil Costs by Sir Rupert Jackson, on 1 April 2013 a number of changes to the English court procedures came into effect, the so called “Jackson Reforms”. The primary aim of these Reforms is to reduce the cost of litigation across all the English Courts and to make better use of court time and facilities.
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