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  • Article

    The Petroleum Oil And Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Ltd [2008] EWHC 2480 (Comm)

    This dispute involved a voyage pursuant to a charterparty on an amended BPVoy4 form relating to the carriage of two cargoes, High Speed Diesel ("Gasoil Cargo") and Multiple Oil and Gas ("Mogas").
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Damages For Breach Of Time Charterparty

    This article considers the measure of damages a Ship-Owner is entitled to claim, under English Law, from a Charterer who prematurely re-delivers a vessel in breach of a Time Charterparty.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Isabella Ship-owner – v – Shagang Shipping: "The Aquafaith"

    This case concerns the circumstances in which, following a breach of charterparty and purported early redelivery of the vessel, the owners can elect not to accept redelivery and instead affirm the contract claiming hire as opposed to damages.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Maritime Arrest Under English Law

    Maritime arrest is a legal action to seize a vessel, cargo, container or other maritime property as security for a claim or to enforce a maritime lien.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Investigation Agents And The Law*

    The advice most often given to to prospective litigators usually appears in the form of three questions. First, do you have a case? Then, is the claim time barred? And, finally, is the Defendant "good for the money"? It is when lawyers come to address the third element that they frequently resort to investigation agents.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Assessment of Damages Following a Breach of Contract - The "Mamola Challenger"

    This case discusses the extent to which a contracting party can claim, as damages for breach of contract, expenditure incurred in preparation of a contract that has been wasted as a result of breach of that contract by the other party. The facts of this claim arose from a breach of a Charterparty by the Charterers.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Marine Navigation Act 2013

    The Marine Navigation (No.2) Bill ("the Bill") received Royal Assent on the 25th April 2013 becoming the Marine Navigation Act 2013 ("the Act") and is expected to come into force over the next few months.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Entire Agreement? Admissibility Of Pre-Contract Negotiations

    The recent case of Chartbrook and Another v Persimmon Homes Ltd and Others [2009] saw the House of Lords reaffirming the long-established position that under English law, anything said or done in the course of negotiating a contract is inadmissible as evidence of what the contract was intended to mean.
    United KingdomCorporate/Commercial Law
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Pipelines – Insurance & Legal Aspects In Cases Of Damage

    The United Kingdom alone relies of thousands of kilometres of oil and gas pipelines that stretch across the ocean floor of the North Sea alone.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Dangerous Cargo; A Minefield for Cargo Interests and Their Insurers

    The carriage of dangerous goods remains a legal minefield for cargo interests and their insurers in relation to their potential exposure to liability.
    United KingdomTransport
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Insurance “Contract Certainty” Revisited

    The events of ‘9/11’ shattered conventional thinking about insurance in a number of ways. A tricky debate has centred on the question of what cover had been provided for the Twin Towers at the time of the attack. By September 11th no final wordings had been agreed, there were only temporary contracts from the insurers pledging to provide insurance.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Family Takaful

    Although family takaful is the Islamic equivalent of life insurance, fundamental differences separate the two systems. A better understanding of the principles behind takaful, the laying down of clearer rules for the formulation of policies and a defined role for agents and brokers are essential if market penetration is to increase.
    United KingdomFinance and Banking
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Introduction To The Principles Of Islamic Finance

    In the last few years, Britain has become a hub for new Islamic financial products and services. With the market set for certain expansion, it is imperative that the City broadens its understanding of what Islamic Finance entails.
    United KingdomStrategy
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    London: The New Souk For Sukuk

    Islamic finance is now the Buzz Topic in the City of London. While the Middle East’s economies thrive and prosper, the enormous funds generated are seeking the best opportunities for investment the markets can offer. The Chancellor, Gordon Brown - perhaps the next Prime Minister- has been key to the debate; last month, he announced in his budget that Sukuk were to be given equivalent tax treatment to traditional interest-bearing bonds.
    United KingdomFinance and Banking
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    Shariah-Compliant Insurance Products: ‘Takaful’

    "Takaful" is an Arabic word meaning "guaranteeing each other" or "joint guarantee". The fundamentals underlying the concept of Takaful are very similar to cooperative and mutual principles, as the cooperative and mutual model is one that is accepted under Islamic Law.
    United KingdomInsurance
    Ben Macfarlane & Co
    Ben Macfarlane & Co
  • Article

    The Subprime Fallout-Local Difficulty Or Global Crisis? The Implications For English Litigators

    A credit crunch is the term economists use to describe a financial environment where investment capital is in short supply. It is a recessionary period in a debt-based monetary system where growth in debt money has slowed which subsequently leads to a drying-up of liquidity in an economy.
    United KingdomLitigation, Mediation & Arbitration
    Ben Macfarlane & Co
    Ben Macfarlane & Co

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