The Commercial Court has recently determined a dispute concerning an attempt by owners to intercept freight payable by sub-charterers.

Shipping and aviation are the only industry sectors that are not regulated by the United Nations Framework Convention on Climate Change 1997 ("UNFCCC") or the Kyoto Protocol, an agreement linked to the UNFCCC, which set binding targets for reducing greenhouse gas emissions on those countries that have ratified the Protocol.

The Court of Appeal has ruled in underwriters’ favour as to the consequences of the use of a fraudulent device with the presentation of an insurance claim.

Ince & Co recently represented Vitol Asia and Vitol S.A. before the Court of Appeal in the matter of the Crudesky.

On 21 August 2010, the Reecon Wolf ("RW") collided with the Captain Stefanos ("CS") whilst both vessels were transiting the Straits of Malacca en route to Singapore for bunkering and thereafter to Chinese discharge ports.

It will be recalled that in the case of Dalmare SPA v. Union Maritime Ltd (Union Power), the Commercial Court expressed the surprising and contentious view that the words "as is where is" were likely not sufficient to exclude from a sale contract the implied terms of satisfactory quality and fitness for purpose under s.14 Sale of Goods Act 1979.

This case highlights a number of issues that the court may take into consideration when exercising its discretion in awarding costs.

A shipowner client comes to us with a problem. The charterer has defaulted on freight payments and/or will not pay freight due under the charterparty.

The Supreme Court has unanimously dismissed the appeal of Dallah Real Estate and Tourism Holding Company (‘Dallah’) from the Court of Appeal’s decision that Dallah should be refused leave to enforce an ICC arbitration award against the Government of Pakistan (‘the Government’) in England.

There have recently been a number of developments in international sanctions. Unrest has continued in the Middle East following the ‘Arab Spring’ and, in the last few months, we have seen the fall of the Qadhafi regime in Libya, the worsening of the humanitarian situation in Syria and the publication of the International Atomic Energy Agency’s ("IAEA") report on Iran’s nuclear programme.

The situation in Ukraine remains fluid and, with events moving quickly, very little is certain.

In a judgment handed down on 2 May 2012, the UK Supreme Court has made a significant ruling on the rights of remuneration of the owners of a time-chartered ship after the ship has been lawfully withdrawn for non-payment of hire.

A fundamental principle underlining the use of a letter of credit as a means of payment security is that the documents presented under the LC must strictly comply with the requirements of the LC in order for the issuing bank to make payment.

We previously reported on the earlier incarnation of this case in which the Claimant was unsuccessful in an application for summary judgment.

On 16 October 2012, the European Union ("EU") introduced further sanctions against Iran.

In this case, the Commercial Court considered whether or not a cargo carried on a ship’s deck should be considered a "deck cargo" for the purposes of the Hague-Visby Rules ("the Rules"), such that the carriage of this cargo fell outside the ambit of the Rules.

The earthquake that struck off the northern Pacific coast of Honshu, Japan’s largest main island, in the early hours on Friday 11 March was the fourth largest recorded in the world since 1900.

On 24 March 2012, EU Council Regulation No. 267/2012 ("the Regulation") entered into force in the EU (the day of its publication in the Official Journal). It repealed and replaced EU Regulation 961/2010, which had previously served as the main EU Regulation concerning restrictive measures against Iran.

The Supreme Court unanimously held that, when construing a settlement agreement between two parties, evidence of facts within their common knowledge is admissible where those facts have a bearing on the meaning that should be given to the words of that agreement.

This article is the second part of a two-part piece on the procedure when making an appeal to the Supreme Court.