Guides & Publications

Webinar Date: December 2, 2021 | 3:30 – 5:00 PM HKT Join us for this CTA/RHL Webinar in Mandarin on Emergency Pack for Cargo GA/Salvage Collection involving large container vessels The grounding of the “Ever Given” in the Suez Canal has had immense effects on global supply chains, affecting numerous cargoes on their way to…

There have been calls for a better solution than general average to allocate the cost of cargo sacrifice, but technology can do a lot to improve the process by Amy O’Neill, Managing Director – Marine Adjusting, Richards Hogg Lindley Liverpool, for Insurance Day, first published on 9 August 2021: Viewpoint: GA is as relevant as ever to cargo…

In the rapidly evolving circumstances of the current Covid-19 pandemic, marine insurers are seeking to introduce new contractual terms to limit policy cover for additional ‘pandemic delay’ related expenses or even exclude them altogether. A number of suggested wordings have entered circulation, which merit analysis and consideration. In this summary article, Heather Robinson, Director, Marine Adjusting,…

The latest amendments to the Lloyd’s Open Form (LOF) came into effect from 1 January 2020. The latest amendments to the Lloyd’s Open Form (LOF) came into effect from 1 January 2020. We have reviewed the further changes that have been made and consider the impacts these may have on the role of average adjusters…

Implications of the IMO 2020 Sulphur cap from a Hull & Machinery claims perspective On 1 January 2020 the limit for Sulphur in fuel oil used in vessels operating outside designated control areas will be reduced from 3.5% to 0.5% under the IMO 2020 Sulphur Cap, set out in MARPOL Annex VI. These changes apply…

The Supreme Court Decision in the “B Atlantic” On 13 August 2007, after loading a cargo of coal at Lake Maracaibo, Venezuela, a routine underwater inspection revealed three bags of cocaine strapped to the hull of the bulk carrier “B Atlantic”. The crew was arrested immediately and the vessel was confiscated by the Venezuelan authorities…

Ballast General Average A general average (GA) situation arises under English law when an extraordinary sacrifice or expense is intentionally made or incurred for the common safety in order to preserve the ‘common maritime adventure’ from peril. It is generally understood that the requirement for a common maritime adventure is satisfied when a ship sails…

The purpose of this booklet is to give an initial introduction to marine hull claims, and the role that average adjusters play in these. It assumes some knowledge of general insurance terminology but is intended for those encountering the marine hull side of the business for the first time. The booklet can also be used…

Connect Shipping Inc and Machrimar Management SA v The Swedish Club and others The modern average adjuster is involved in a wide range of activities in the fields of marine insurance and maritime law, and general average occupies less of our time than was once the case. Nonetheless it has been the profession’s involvement with…

Connect Shipping Inc and Machrimar Management SA v The Swedish Club and others This was a first instance trial in which the underwriters of the “Renos” attempted to defend a claim by the assured for constructive total loss of the vessel following significant damage caused by a fire in the engine room in Suez in…

The York-Antwerp Rules (YARS) govern general average cases by reason of being incorporated into contracts of carriage. First instigated by an international conference in York in 1864, their objective is to promote international uniformity in dealing with general average and to make the process involved commercially effective. The YARs 2016 include a number of minor…

Mitsui & Co. and others v Beteiligungsgesellschaft LPG Tankerflotte The Court of Appeal has reversed the 2014 High Court judgement that crew wages and fuel consumed during lengthy ransom negotiations with Somali pirates could be allowed as general average under Rule F. The Court of Appeal held that Rule F cannot be applicable because there…

A Question of Motive The York-Antwerp Rules (YARs) govern general average cases by reason of being incorporated into contracts of carriage. First instigated by an international conference in York in 1864, their objective is to promote international uniformity in dealing with general average and to make the process involved commercially effecitve. The Rules are updated…

In 2014 the High Court held that crew wages and fuel consumed during lengthy ransom negotiations with Somali pirates could be allowed as general average under Rule F as a n expense occured in substitution for the higher cost of paying the initial ransom demand. Following this judgement, some requests were made to re-open earlier…

A Question of Motive The liability aspect of environmental costs falls traditionally within the ambit of P&I cover. However, there can be situations whereby such costs can be recovered as either general average (GA) or particular average (PA) from property insurers. This article will consider the topic from a GA point of view.