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This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order to do so.

In a previous post, we reported on the decision in "Falkonera Shipping Co v Arcadia Energy Pte Ltd".

A vessel was chartered for one voyage from "1-2 load berth chop always afloat Santander" to a port in the UK.

The Supreme Court has today handed down its much anticipated judgment in NYK Bulkship NV v Cargill International SA.

In May 2016 the Supreme Court of England & Wales gave judgment in an OW Bunkers test case entitled "Res Cogitans".

The Court of Appeal in AIC Limited v. Marine Pilot Limited, The Archimidis (7 March 2008) has held that the words "safe port" in a voyage charter will always be treated as a warranty by charterers that the port in question is safe, even if owners and charterers agree in advance a single loading or discharge port.

A guarantor may remain liable despite a change in the underlying contract provided the guarantee is unlimited or anticipates changes to the underlying contract.

A recent decision of the High Court has served as a useful reminder and warning to parties of the need to carefully draft contracts of suretyship ...

Representatives will often find themselves faced with agreements or contracts to sign, including sponsorship, advertising, coaching or marketing.

Seeking to enforce and make demand under a personal guarantee can be a minefield and we have previously written on the execution requirements of a guarantee and the importance of the guarantor obtaining independent legal advice...

In Ayhan Sezer v Agroinvest [2024], the High Court clarified the date of default in the context of anticipatory repudiatory breaches under the GAFTA Default Clause. The court held that the default date should be the date of the first anticipatory repudiatory breach, aligning with previous case law and providing consistency in the interpretation of such breaches.

A discussion based on a recent case which shows that it is important to look at all the circumstances to determine whether a breach is repudiatory, including the conduct of the breaching party between the date of breach and the date on which notice of termination is to be served.

Effectively delivering notices under commercial contracts is not as straight-forward as it maybe ought to be, with different contracts requiring...

In a year of new challenges, exiting a business arguably remains one of the biggest challenges for business owners.

The case of Altera Voyageur Production Ltd v Premier Oil E&P UK Ltd shows the value of having worked examples.

When supplying services, having robust and well-drafted Terms & Conditions (T&Cs) can protect your business from unnecessary risk and costly disputes.

When navigating the complex financial landscape of divorce, understanding how inheritance and other assets are classified can significantly impact the final settlement. This article explores the critical distinction between matrimonial and non-matrimonial assets, examining how courts apply the principles of 'needs' and 'sharing' to determine what constitutes a fair division of property and wealth.