The importance and impact of careful drafting of contracts is exemplified in this UK Supreme Court decision. While the ruling brings clarity to English law, it represents congruence with other jurisdictions. It is most prudent to be deliberate in documenting law and jurisdiction choices in contracts.
Whether for bulk handling or container operations, the quayside crane is critical for performing ship to shore services. This vital tool is also vulnerable to significant damage when impacted by a ship during berthing. While relatively low frequency, such incidents carry high consequence in direct damage, business disruption and potential for injury.
Analysis of TT Club's claims experience continues to highlight the vulnerability of quay cranes, other handling equipment and containers to major weather related incidents at marine terminals. Despite the large mass, it is not uncommon for these cranes to be blown along the crane rails, potentially into other equipment or toppling over, giving rise to extensive damage.
This first instance judgment in relation to a charterparty dispute has the potential to spawn a range of liability exposures that could reverberate through the complex network of supply chain contracts. Most particularly the reasoning may expose ports and terminals in non-liner trades.
TT Club has been at the heart of a long-term campaign to increase awareness of good cargo packing practices, both as part of responding to incidents and through speaking at industry events. These efforts are now galvanised in the 'Cargo Integrity Group'.
Coinciding with the international launch of 'CTU Code - a quick guide', the Safe Container Loading Practices and Heavy Vehicle Safety campaign was launched in Australia, following an award of government funding. While the emphasis is on road safety in Australia, the messages are consistent with those of the Cargo Integrity Group.
