Superyacht dispute offers helpful guidance on applicable jurisdiction

In an important decision handed down, the Commercial Court accepted that it had jurisdiction to hear claims arising out of the loss of a superyacht which had fallen from the deck of a transporting vessel in heavy weather conditions.

The Italian owner of the yacht had brought proceedings in Italy, despite having signed a contract containing an exclusive jurisdiction clause in favour of the English courts, asserting that as a consumer he was entitled to sue in the courts of his own domicile.

The judgment looks, among other things, at the competing positions and arguments under the Brussels I (Recast) Regulation, including the test to be applied for determining when someone is a “consumer” under the Regulation and what constitutes a “contract of transport”, the parties to Continue reading “Superyacht dispute offers helpful guidance on applicable jurisdiction”

Tony Goldsmith named as new Head of Marine & Trade by Hill Dickinson

Tony Goldsmith has been appointed as Head of Marine and Trade at UK headquartered international law firm Hill Dickinson. Tony Goldsmith is a former seagoing master mariner who joined Hill Dickinson in 1993 and became founder and managing partner of the firm’s Singapore office when it opened in 2009. He will succeed the firm’s current Head of Marine, David Wareing, who is due to retire in the autumn having held the position since 2017.

“I am absolutely delighted to be taking over the helm from David, with the full support of the team,” said Goldsmith. “Our Marine Group has benefited hugely from David’s wise stewardship, helping to reinforce our position as an industry leader in the many sectors for which we are known. There are exciting and challenging times ahead as the world emerges from lockdown, and it is a privilege that I have been entrusted to take over the baton.”

Hill Dickinson chief executive Peter Jackson said: “Tony Goldsmith is hugely respected as a maritime law specialist, Continue reading “Tony Goldsmith named as new Head of Marine & Trade by Hill Dickinson”

AMSA issues a safety alert on fixed fin stabilisers

Incorrect installation of fixed fin stabilisers can cause serious issues says AMSA
Incorrect installation of fixed fin stabilisers can cause serious issues says AMSA

The Australian Maritime Safety Authority (AMSA) has issued a safety alert to raise awareness of the risks associated with the use of fixed fin stabilisers on fishing vessels. It is important to note that incorrect use of fixed fin stabilisers can lead to an accident and even cause a vessel to capsize. Fixed fin stabilisers are also sometimes referred to as batwing stabilisers, anti-roll fins, fixed-arm stabilisers, passive-fin stabilisers, and fixed fins. They are designed to dampen, or reduce, the roll of a vessel, giving it a more comfortable ride in rough weather and possibly even making the vessel run truer. Once installed, fixed fin stabilisers are designed to be lifted up at certain times, such as when operating in shallow waters, crossing a bar, and berthing. Failure to do so carries serious risk. While these stabilisers improve comfort by reducing erratic movement and minimising the roll of a vessel in rough seas, it is of paramount importance to note that they do Continue reading “AMSA issues a safety alert on fixed fin stabilisers”

Make your views on red diesel known to the UK Government by 1 October 2020

The Royal Yachting Association (RYA) is urging users of diesel propelled craft, particularly private pleasure craft, to have their say on the future of red diesel. It’s not about the colour, tax status or price, says the RYA, it’s about existing supply needs.

A consultation has been launched by HMRC about the proposed changes to the rules and you have until 1 October 2020 to read the proposals and make your views known.

At this year’s Spring Budget, Chancellor Rishi Sunak shared plans for the intended removal of entitlement to use red diesel from April 2022, except for the agriculture sector (including forestry, horticulture and fish farming), railways, and where red diesel is used to power Continue reading “Make your views on red diesel known to the UK Government by 1 October 2020”

    Latest Tweets from the IIMS