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New publication: Carver on Charterparties, Third Edition

3rd Sep 2024

Chambers is pleased to announce the publication of the 3rd edition of Carver on Charterparties” co-authored by Mrs Justice DiasProfessor Howard Bennett; Professor Stephen Girvin; Stephen Hofmeyr KC; Peter MacDonald Eggers KCSimon KerrAlexander MacDonald; and Richard Sarll.

Carver on Charterparties 3rd Edition is published by Sweet & Maxwell.

Since its first publication, the work has been repeatedly cited by Courts in reported decisions and the third edition aims to consolidate the book’s standing as  a major treatise on the law of charterparties.

The first edition, whose name was intended as a tribute to Thomas Carver and his seminal “Treatise on the Law of Carriage of Goods by Sea”, was published in 2017.  The book was “built from the ground up drawing and articulating legal principles from the cases and establishing a structure for the exposition, analysis and development of the law of charterparties”.  In addition to the authors listed above, the first edition was co-authored by The Hon Mr Justice Bright when he was a member of 7KBW before he went to the bench and Siobán Healey KC.

Of the final team of eight authors, five are in practice at 7KBW, The Hon Mrs Justice Dias having gone to the bench in 2023. They are joined by Professor Howard Bennett,  Hind Professor of Commercial Law, Faculty of Social Sciences at Nottingham University and an honorary member of 7KBW and Professor Stephen Girvin, MPA Professor of Maritime Law at the National University of Singapore.

Carver on Charterparties, 3rd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law.

  • Explains charterparties, their nature and characteristics
  • Covers the parties, formation and interpretation of the charterparty as a contract
  • Describes how charterparties apply to the vessel, the cargo and the voyage
  • Discusses cargo claims
  • Examines demise, time and voyage charterparties
  • Addresses laytime and demurrage
  • Analyses discharge by frustration and breach
  • Covers damages and other remedies

The third edition covers a number of major cases since the second edition, including:

  • Unicredit Bank AG v Euronav NV (The Sienna) [2023] EWCA Civ 471 (relationship between charterparties and bills of lading)
  • Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (seaworthiness; vessel passage plan; whether seaworthiness confined to vessel attributes; relationship between seaworthiness and navigation)
  • Gravelor Shipping Ltd v GTLK Asia M5 Ltd [2023] EWHC 131 (Comm) (arrangements for purchase of ship under demise charterparty)
  • SK Shipping PLC v Capital VLCC 3 Corp (The C Challenger) [2020] EWHC 3448 (Comm); [2022] EWCA Civ 231 (fitness for service; shipowner’s consent to deduction from hire; election and reservation of rights; nature of speed and consumption warranties; Shelltime 4 maintenance clause)
  • Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) [2022] EWHC 2095 (Comm) (calculating underperformance in speed and consumption warranties)
  • Herculito Maritime Ltd v Gunvor International BC (The Polar) [2024] UKSC 2 (whether insurance rights exclude normal recourse rights)
  • K Line Pte v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 (whether damages recoverable in addition to demurrage or deadfreight

For further information please see the publisher’s website here.

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