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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll