Maritime

Recent Articles

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  31/12/2024

  Oman

  The new Oman ship and port security regulation – key takeaways

  Oman has taken a significant step in enhancing its maritime security framework with the recent enactment of the Ship and Port Security Regulation under Ministerial Decision No. 423/2024 (SPSR), as introduced by the Ministry of Transport, Communications and Information Technology (MTCIT). This regulation supersedes the previous Ship and Port Facility Security Regulation of 2016 and is based on Maritime Law No. 19/2023.The SPSR establishes a comprehensive set of measures and procedures designed to safeguard ships, port facilities and maritime operations (including protection for individuals and goods...

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  23/12/2024

  England and Wales

  English Court upholds compensatory principle of contract damages

  IntroductionIt is a time charterer’s duty to redeliver the ship at the end of the charter period.  If the charterer redelivers the ship after the maximum period, it has to pay hire up to the time of actual redelivery.In addition, if the market rate during the overrun period is higher than the charter rate, the usual position is that the charterer also has to pay damages for late redelivery, measured by the difference between the hire earned by the owner and the market rate during the overrun period.  The rationale for this is that the owner is to be compensated for the loss of opportunity...

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  20/09/2024

  United Kingdom

  Subrogated recoveries and a reminder of the Napier principles

  Court of Appeal's decision in Textainer case serves as a reminder the principles of subrogation, as established in Napier – more than 30 years ago – will still prevail as a matter of common lawA recent Court of Appeal judgment affirms the longstanding ‘top-down’ approach applied to the distribution of monies among excess layer insurers, which have been recovered as part of a subrogated actionOn May 22 the Court of Appeal handed down its judgment in the matter of Royal & Sun Alliance and others v Textainer Group Holdings and others (2024).The respondents are part...

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  02/07/2024

  United Kingdom

  Ports In­fra­struc­ture – what do the election manifestos tell us?

  In April this year, the Labour party pledged to invest up to £1.8bn into port infrastructure if they win the 2024 general election. The planned investment forms part of Labour’s Green Prosperity Plan, with shadow chancellor Rachel Reeves saying ports would be at the centre of Labour’s plans to make Britain a clean energy superpower. But what else do the general election manifestos of the major UK parties tell us about the future for ports infrastructure in the UK?With the exception of Reform UK, all the main UK political parties target a substantial increase in offshore renewable...

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  18/06/2024

  UAE

  UAE’s new Maritime Law – a closer look at the revised law on vessel arrests

  The UAE government recently issued Federal Decree-Law No 43 of 2023 on Maritime Law, which came into effect on 29 March 2024 (the “Maritime Law”).The Maritime Law aims to modernise the legal framework for maritime activities, align with international standards, and enhance the UAE's status as a regional shipping hub. This represents a substantial change from the old maritime law, Federal Law No.26 of 1981 Concerning Commercial Maritime Law.Our previous Law-Now on the Maritime Law previously addressed the changes to vessel registration, liens, chartering, and time bars, which you can...

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  11/06/2024

  UAE

  UAE introduces new Maritime Law to boost shipping industry

  Introduction  The UAE government recently issued Federal Decree-Law No 43 of 2023 on Maritime Law, which came into effect on 29 March 2024 (the “Maritime Law”).The Maritime Law aims to modernise the legal framework for maritime activities, align with international standards, and enhance the UAE's status as a regional shipping hub. This represents a substantial change from the old maritime law, Federal Law No.26 of 1981 Concerning Commercial Maritime Law.The Maritime Law features a significantly enhanced structure, offering greater ease of navigation and accessibility. The provisions...

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