Mileage Rates - September 2023

The Court of Appeal has resolved two previously undetermined questions under the Hague/Hague-Visby Rules: whether proceedings brought solely to obtain security constitute a "suit" for time bar purposes, and what must be stated on a bill of lading for cargo to qualify as "deck cargo" excluded from the Rules' application. These issues arose in a dispute over alleged misdelivery of timber cargo aboard the TAIKOO BRILLIANCE.

Network Rail has launched a comprehensive 12-week consultation on proposed rail access arrangements that will establish the contractual framework for implementing the Railways Bill. The consultation covers critical documents including Track Access Contracts, Station and Depot Codes, and capacity planning processes, with responses due by December 2, 2026.

The UK government has set an ambitious statutory target to increase rail freight volumes by at least 40% by 2040, with a longer-term goal of 75% growth by 2050. This initiative, backed by the Railways Bill currently before Parliament, aims to shift goods transport from road to rail, potentially saving up to one million tonnes of CO₂ annually while raising the value of rail-transported goods from £33.7 billion to £49.5 billion.

For commercial fleets, one of the most significant changes brought about by automated vehicles is also one of the simplest to describe: what happens when there is nobody in the driving seat? We are used to a model in which responsibility starts with the driver. The driver checks the vehicle, drives it, responds to hazards and, in the HGV world, sits within a well-established system of operator licensing and regulatory oversight.

Irwin Mitchell provides comprehensive legal news, expert commentary, and industry insights across key sectors. The firm's latest Leading Litigator Report reveals that 69% of General Counsels now view litigation as either an operational necessity or strategic investment, examining how in-house legal teams are navigating alternative funding, AI adoption, and geopolitical influences while managing risk and controlling costs.

As automated vehicles enter commercial fleets under the Automated Vehicles Act 2024, transport managers face an evolving role that extends far beyond traditional driver oversight. From managing safety-critical sensors and software updates to navigating new regulatory frameworks involving Traffic Commissioners, the shift to automation introduces complex operational responsibilities around technology deployment, system monitoring, and compliance that will make fleet management broader and more technically dem

The English Commercial Court has upheld an arbitral award finding that a vessel's temporary departure from a Nigerian anchorage to avoid piracy risk constituted a "reasonable preventative measure" under the BIMCO Piracy Clause 2013, keeping the vessel on hire despite the charterer's deletion of sub-clauses that would have given an absolute right to leave dangerous areas.

Self-driving vehicles could transform commercial fleets, but the UK's new Automated Vehicles Act 2024 creates a complex regulatory framework that redistributes legal responsibility between fleet operators, vehicle occupants, and automated driving system providers. Before committing to significant investment in automated cars, vans, HGVs or passenger vehicles, general counsel and procurement teams must understand what the technology is legally authorised to do, who carries each responsibility

Freight markets are experiencing a synchronized tightening across ocean, truck, air, and rail as retailers accelerate inventory positioning ahead of peak season. Capacity constraints are amplifying rate increases across all transportation modes, creating a genuine supply-demand squeeze that extends beyond typical seasonal patterns. This comprehensive analysis examines how front-loading behavior and structural capacity limitations are reshaping logistics costs heading into Q3.

A London arbitration case demonstrates that charterers cannot withhold hire for alleged vessel underperformance when the charterparty contains an express anti-deduction clause, even if they believe their claim is legitimate. The tribunal enforced the contractual restriction and awarded the owners unpaid hire plus interest and costs.