http://www.bowman.co.za/Maritime/Index.asp Maritime & Transport RSS Feed from Bowman Gilfillan - A leading Corporate and Commercial South African law firm with professional lawyers en-US Copyright 2012 Bowman Gilfillan Inc. All Rights Reserved. Sun, 05 Feb 2012 06:00:00 GMT Maritime & Transport Law http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417528 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." Mon, 06 Jun 2011 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417528 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417525 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. Fri, 27 May 2011 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417525 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417513 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. Tue, 25 Jan 2011 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417513 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417510 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]". Wed, 24 Nov 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417510 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417499 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. Thu, 30 Sep 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417499 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417498 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. Thu, 30 Sep 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417498 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417497 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. Thu, 30 Sep 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417497 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417261 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. Mon, 17 Mar 2008 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417261 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417230 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. Thu, 20 Dec 2007 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417230 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417193 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. Thu, 02 Aug 2007 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417193