maritime and transport

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COUNTING THE COST OF PIRACY - BY BRANDYN LILLEY
Monday, June 06, 2011
Rear Admiral Chris Parry CBE, the Chair of the UK’s Marine Management Organisation had the following to say in a recent newsletter, “[P]iracy in the modern world – especially that in the Horn of Africa - has become big business, characterised and facilitated by an irregular version of venture capitalism and illicit methods of international exchange.”

UNDISCLOSED PRINCIPALS OF AGENCY - BY RYAN REDDY
Friday, May 27, 2011
Party A, the seller, enters into a contract with Party B, the purchaser, for the sale of a particular commodity. The purchaser takes delivery of the commodity and does not pay the purchase price to Party A and therefore is in breach of the contract. Party A institutes legal proceedings against Party B, as the contractual counterparty, for payment. The court hearing the matter grants an order in Party A’s favor and party A receives payment of the purchase price.

CONTENTIOUS TERMS OF A BILL OF LADING - BY GAVIN BROWN
Tuesday, January 25, 2011
Disputes between shippers and carriers as to the terms of the contract of carriage often boil down to the question of whether the terms and conditions reflected on the reverse of the bill of lading correctly reflect the agreed terms of the contract of carriage.

KNOWING YOUR OWN VICES… - BY RYAN REDDY
Wednesday, November 24, 2010
There are many “common” phrases in marine insurance policies; however, if the ramifications of these “common” phrases are not completely considered, there is the risk of an insured not being covered. Every now and then, a court is committed to deciding a dispute which requires interpretation of phrases from standard marine insurance policies such as the Institute Cargo Clauses (“ICC”). One such phrase is the exclusion of an insurer’s liability where loss or damage is caused by “inherent vice or the nature of the [cargo]”.

INSURANCE - WHAT EXACTLY DOES THE LAW REQUIRE A PROSPECTIVE INSURED TO DISCLOSE WHEN ACQUIRING INSURANCE? - BY GAVIN BROWN
Thursday, September 30, 2010
Insurance has been controversially described as the single most important concept developed by mankind. Whether you agree with that or not, when one considers it, insurance ticks away behind the scenes in most of our lives from the time we wake till the time we go to sleep and even while we sleep; life insurance, disability insurance, household insurance, car insurance, professional liability insurance… the list goes on.

CARGO DAMAGE FROM FIRE - BY GAVIN BROWN
Thursday, September 30, 2010
The fire which broke out onboard the MV Charlotte Maersk near Port Klang in Malaysia in July of this year raises some interesting questions for shippers. While one is hesitant to speculate as to the cause of the fire and the liability of any of the parties involved until thorough investigations are carried out, early press reports indicate that the fire may have been the result of mis-declared hazardous cargo. Whether this was the case or not time will tell, however the incident provides a good platform for discussing the liabilities which may arise from an incident of fire.

CUSTOMS TARIFF DETERMINATION: THE INEXACT SCIENCE - BY GAVIN BROWN
Thursday, September 30, 2010
In the recent Supreme Court of Appeal matter of Distell Limited and Others v The Commissioner for the South African Revenue Service, the court made some observations relating to issues surrounding tariff determination which are of interest to anyone involved in this task.

PROTECTING THE NECESSARIES MAN – JEREMY PRAIN
Monday, March 17, 2008
Much has been said and written lately about the credit-crunch which has gripped the world economy and sparked fears of a global recession. Whilst the shipping industry seems far removed from US sub-prime mortgages, this crisis has undoubtedly sent shockwaves throughout the financial sector and has played its part in stopping the rampant shipping boom dead in its tracks.

ESTABLISHING JURISDICTION WITHOUT ARREST
Thursday, December 20, 2007
Bid Industrial Holdings v Strang: Establishing jurisdiction without arrest The recent decision by the Supreme Court of Appeal in Bid Industrial Holdings v Strang [2007] SCA 144 (RSA) is a fine example of our courts’ willingness to actively develop the common law in accordance with the Constitution.

THE PILLARS OF BASEL II AND THE BANKS AMENDMENT BILL, 2007
Thursday, August 02, 2007
The Banks Amendment Bill, 2007 ("the Bill") has been introduced to provide statutory force to the international strategic drive to further strengthen the credibility and stability of the international banking system. The amendments to the Banks Act, 1990 (‘the Act”) have been necessitated by important revisions to the Framework on International Convergence of Capital Measurement and Capital Standards (“Basel II”) or (“the revised Framework”) published by the Basel Committee on Banking Supervision (BCBS) on 26 June 2004. Only the proposed amendments to the Bill as they relate to the implementation of Basel II will be considered and other technical changes necessitated by developments in the banking industry or to clarify certain provisions in the Act fall outside the scope of this discussion.

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• Consumer Protection Act
• Proposed Labour Law Amendments
• New Companies Act
• NHI