Transportation Maritime Civil Remedies

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Application of the word "about" – When does under-consumption start?

The Gaz Energy No.2 On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...more

What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries

Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be...more

SDNY Bankruptcy Court Tackles Jurisdiction of Federal Maritime Commission

On February 10, 2012, Judge Sean Lane of the United States Bankruptcy Court for the Southern District of New York denied the motion of 22 defendants in adversary proceedings filed by the Debtor, The Containership Company,...more

Container Detention Charges Held Not To Be Penalties

In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law. This article will be...more

Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English...

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more

Resort Torts: Vacation, Resort and Recreational Liability

Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more

Resort Torts - Identifying Deadly Dangers for Tourists

Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more

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