The concept of piracy has something of a romantic ring to it, with 18th-century rogues such as Captain Kidd, Henry Morgan and others receiving a much more favourable press (not to mention treatment from Hollywood) than they deserve. Many people unconnected with the sea probably think that piracy died out with the age of sail but sadly they are very mistaken.
The European court of justice, in handing down its decision in Unamar and Seaport Terminals v Belgium, has clarified the provisions of the EU customs code relating to the responsibility for duty when uncleared goods are lost in storage or transit.
While on the subject of exclusion clauses. we are grateful to our friends at Australian lawyers Phillips Fox for this timely reminder about the importance of proper drafting of such clauses. The following comments are based on Australian law and practice and while the principles are generally applicable in other jurisdictions, members else where should seek legal advice locally on issues of incorporation and validity.
Our colleagues Marcus John and Iain Sharples in Sydney write about the problems of enforcing claims on those (hopefully rare) occasions when ships cause damage to terminal property during berthing/unberthing, loading and discharge operations. Emergency response to any personal injuries or pollution clean up will be of immediate concern but the subsequent financial cost to the terminal can also be substantial.
