Quadrant Chambers hosted the successful Shipping Review of the Year at Merchant Taylor's Hall; our panel of five included Simon Rainey KC, Nigel Cooper KC, James M Turner KC, Chris Smith KC and Paul Toms.
Our speakers led the discussion on the following topics:
- Misdelivery after discharge - Ahead of the forthcoming Supreme Court appeal this summer, Simon Rainey KC discussed the Court of Appeal decision in FIMBank p.l.c. v KCH Shipping Co. Ltd (The Giant Ace) [2023] EWCA Civ 569 on the application of the Article III rule 6 of the Hague-Visby Rules and its application to claims in relation to misdelivery after discharge.
- Navigating troubled waters – Nigel Cooper KC investigated further issues arising out of the security situation in the Red Sea.
- Ship Recycling Regulation – James M. Turner KC considered the Hong Kong Convention coming into force in July 2025. Will this accelerate the improvement in the environmental and working conditions of shipbreaking? And he discusses the possibility of a major conflict between the specialist HKC and the more general (and more widely subscribed-to) Basel Convention.
- An update on sanctions - Chris Smith KC contemplated PJSC v Mints - in particular whether or not sanctioned entities are prohibited by UK sanctions from pursuing claims and/or being granted monetary or declaratory relief); and decisions over the last 12 months addressing the obligations of parties to offer/accept alternative performance if the primary mode of performance is prohibited by sanctions.
- Carriage of Cargo – Paul Toms discussed the implications of the Court of Appeal's decision in Unicredit v Euronav ("The Sienna") [2023] EWCA Civ 471 on the interplay of carriage obligations between bills of lading and charterparties and how English law approaches issues of causation of loss for misdelivery claims under a bill of lading.
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