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By: James Mackay, Claims Executive Consultant, The Swedish Club Home / News / Advice / Coronavirus – legal guidance for Members (20 April 2020) Advice, Loss Prevention Coronavirus – legal guidance for Members (20 April 2020) 20 April, 2020 By: James Mackay, Claims Executive Consultant, The Swedish Club This guide comments in general on some legal issues in relation to charterparties which members might encounter as a result of measures that are being imposed by national authorities in response to the outbreak and spread of the Coronavirus disease (Covid-19). The World Health Organisation classified Covid-19 as a pandemic on 11 March 2020. The WHO website publishes practical guidance and contains situation reports: WHO – Health topics – Coronavirus This guide is not intended to address these matters in detail nor be a comprehensive assessment of all potential issues arising under charterparties in relation to Covid-19, particularly as the situation is constantly changing. It addresses the issues from the perspective of English law. Members should also take into account the advice and guidance of local correspondents on practical, regulatory and procedural matters in operation at specific ports. Port Safety Time charterers may not order the vessel to an unsafe port in breach of an express or implied warranty in the charterparty. The test is whether at the time when the order is given the vessel can reach it, use it and return from it without being exposed to dangerous features that are not the result of an abnormal occurrence. There is also an obligation to change voyage orders if the port subsequently becomes unsafe before the vessel reaches it. In some charters (the Baltime form, for example), there is an express prohibition on the charterer ordering the vessel to a port where fever or epidemics are prevalent. Where there is no express provision such as that, however, there is likely to be substantial doubt as to whether the safe port warranty permits th
Coronavirus - legal guidance for Members (20 April 2020) - The Swedish Club
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