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UK Supreme Court Judgement in the “Polar” [2024] UKSC2 9 February 2024 No.1258 Tweet Download PDF (435KB) In the case of the “Polar”, which concerned whether cargo interests could rely on the terms of the voyage charterparty incorporated into the bills of lading to refuse to contribute to general average. The UK Supreme Court ruled that the holders of the bills of lading were liable to make general average contributions. Please find the article on this judgment written by our senior legal adviser William Turner. (Summary) The vessel was hijacked by pirates in the Gulf of Aden and released in exchange for the payment of a ransom of SU$7.7 million. The Owners declared a general average and claimed the general average contribution of US$5 million from the cargo interests. The cargo interests refused the Owners' claim for the contribution, which led to a dispute. The ransom was paid by K&R (kidnap and ransom) insurance and additional war insurance. Under the terms of the voyage charterparty, these additional insurance premiums were borne by the charterers. As the bills of lading extensively incorporated the voyage charterparty, the cargo interests relied on the terms of the voyage charterparty to reject the general average contributions. For further information, please click here. Article by William Turner.pdf (209KB) Court Decision Japan P&I News ロスプリベンション Japan P&I News ナイロビ条約 日本 組合員限定 --> Most read News Alterations to the Rules of the Association Polar号 英国最高裁判決 [2024] UKSC 2 保険契約規程一部変更のご案内
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pi_circular Japan P&I Club ·2024-02-09

UK Supreme Court Judgement in the “Polar” [2024] UKSC2 - Japan P&I Club

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