header-logo header-logo

Shipping

03 February 2011
Issue: 7451 / Categories: Case law , Law digest
printer mail-detail

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA Civ 24, [2011] All ER (D) 201 (Jan)

There was no rule of law that piratical seizure of a vessel was automatically an actual total loss (ATL). The correct approach was to “wait and see”.  Piratical seizure where there was not only a chance, but a strong likelihood that payment of a comparatively small sum relative to the value of the vessel and her cargo as ransom, would secure its recovery, was not an ATL. It was not an irretrievable deprivation of property. It was a typical “wait and see” situation. The facts would not have supported a claim for ATL, for the test was unlikelihood of recovery. Further, there was no general rule that capture of seizure was an ATL. It might, in the absence of a policy of ransom amount to an ATL, where the pirates escaped with their prize and there was no prospect whatever of finding or recovering vessel or cargo, but where a chance of recapture remains even such a seizure would not give rise

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll