Insights

The explosions that occurred late in the evening of 12th August, 2015 in warehouses at the port of Tianjin have resulted in significant loss of life, damage to property and suspension of shipping and port movements. The following briefing is intended to provide initial advice to assist Members who may be intending to load or discharge at Tianjin.

In a 2013 judgment Mr. Justice Flaux suggested that a failure to make punctual payment of hire could be breach of a condition (Kuwait Rocks Co v AMN Bulkcarriers Inc. [2013] EWHC 865 (Comm.) (the “ASTRA”)). That case created a great deal of debate as the judge’s comments seemed to be contrary to the generally held view that the obligation to pay hire punctually under a time charter was to be considered as an innominate term.

The recent spate of large numbers of refugees crossing the Mediterranean sea from North Africa to the European mainland has drawn into sharp focus the issue of saving life at sea.