Author:kirsten-mullins

In conflict with a Western Cape High Court decision, the KwaZulu-Natal High Court has held that the issue of a summons protects a claimant against a change of ownership of the ship. This provides some relief to creditors who rely on proceedings such as these to arrest ships that call in South African ports. In order to institute in rem proceedings in terms of the Admiralty Jurisdiction Regulation Act, 1983, one needs to show that the owner of the vessel […]

In its October 2017 judgment, the United Kingdom (UK) Supreme Court held that operating costs incurred while negotiating a ransom with pirates fell within extra expenses allowed in general average (GA), and extended ship owners’ GA claims and the liability of cargo owners and insurers for GA contributions. Several rules govern GA principles between carriage contract parties. This principle, by Gibbs CJ in The Hibernia (1816), is when “two or more parties are concerned in a common sea risk, and […]