RS Shipping Bulletin - April 2011

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In This Issues:

1 ARBITRATION . . . 3

1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3

2 CONTRACT . . . 4

2 . 1 ADMIRALTY COURT RULES ON THE INCORPORATION OF A BIMCO ARBITRATION CLAUSE IN A CONTRACT FOR SALVAGE SERVICES . . . 4

3 EVIDENCE . . . 5

3 . 1 REPORTS PRODUCED WHEN THERE IS A REASONABLE PROSPECT OF LITIGATION, BUT WHICH ARE NOT PRODUCED FOR THE PREDOMINANT PURPOSE OF LITIGATION, ARE NOT SUBJECT TO LITIGATION PRIVILEGE . . . 5

4 EXPERTS . . . 6

4 . 1 SUPREME COURT ABOLISHES EXPERT WITNESSES’ IMMUNITY FROM SUIT FOR BREACH OF DUTY . . . 6

4 . 2 THAT PRIVILEGED INFORMATION HAS BEEN GIVEN TO AN EXPERT BY ONE PARTY TO LITIGATION IS NOT, IN ITSELF, A SUFFICIENT BAR TO THAT EXPERT BEING CALLED AS A WITNESS BY THE OTHER PARTY . . . 7

5 INSURANCE . . . 8

5 . 1 THAT A MARINE INSURANCE POLICY IS GOVERNED BY ENGLISH LAW DOES NOT AUTOMATICALLY MAKE ENGLAND THE APPROPRIATE FORUM FOR THE RESOLUTION OF DISPUTES UNDER THE POLICY . . . 8

6 INTEREST . . . 9

6 . 1 COMMERCIAL COURT RULES ON THE APPROPRIATE INTEREST AWARD FOR A SHIPPING COMPANY’S US DOLLAR DAMAGES CLAIM . . . 9

7 PRACTICE AND PROCEDURE . . . 10

7 . 1 THE COURT HAS NO POWER TO REVOKE FINAL ORDERS MADE BY WAY OF JUDGMENT ON ADMISSION . . . 10

7 . 2 COMMERCIAL COURT CONSIDERS THE AMBIT OF A POST-JUDGMENT FREEZING ORDER AND WHEN A CLAIMANT MUST GIVE A CROSSUNDERTAKING IN DAMAGES . . . 10

7 . 3 COURT OF APPEAL CONSIDERS THE RELATIONSHIP BETWEEN AN APPLICATION TO SET ASIDE AN ORDER AND A PARTY’S RIGHT OF APPEAL . . . 11

7 . 4 HIGH COURT CONSIDERS VARIOUS ISSUES RELATING TO THE VALIDITY OF PART 36 OFFERS . . . . 12

8 SALE OF GOODS . . . 14

8 . 1 COMMERCIAL COURT FINDS THAT THE FOSFA SCOTT V AVERY CLAUSE EXCLUDES THE RIGHT TO APPLY FOR A FREEZING INJUNCTION . . . 14

9 SHIPPING . . . 15

9 . 1 HIGH COURT RULES ON THE CERTIFICATES TO BE SUPPLIED WITH A VESSEL SOLD ON THE NORWEGIAN SALEFORM 1993 . . . 15

9 . 2 TRIBUNAL CONSIDERS CHARTERERS’ OPTION TO ADD OFF-HIRE DAYS TO THE BASIC CHARTER PERIOD UNDER AN AMENDED NYPE FORM . . . 16

Please see full newsletter below for more information.

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Written by:

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Reed Smith on:

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