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ARTICLE · 08 MARCH 2010

Shipping And Insurance Update Piracy

Clyde & Co
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The recent decision in Masefield v Amlin [2010] EWHC 280 (Comm) has given useful guidance regarding a number of issues that have been concerning shipowners, cargo owners and their insurers arising from the piracy problem off Somalia.

United KingdomInsurance
Andrew Preston
Andrew Preston
Simon Culhane
Simon Culhane
Mike Roderick
Mike Roderick
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The recent decision in Masefield v Amlin [2010] EWHC 280 (Comm) has given useful guidance regarding a number of issues that have been concerning shipowners, cargo owners and their insurers arising from the piracy problem off Somalia.

The decision is timely, having been handed down seven days before the House of Lords' EU Sub-Committee on Foreign Affairs heard evidence from leading marine insurance and shipping industry figures as part of its enquiry into piracy off the coast of Somalia, which is considering the issue of ransom payments.

In this update we review the decision (which largely centres on issues of actual and constructive total loss of cargo under the Marine Insurance Act 1906) and comment on some of the wider issues touched upon in the judgment that will be of interest to the shipping and insurance market in general, in particular the legality and public policy issues raised by ransom payments.

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