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Shipping & Transport

07 November 2018
Luca Di Marco Supreme Court rules out vicarious and strict liability of receiver for road carrier violations

Italy - Dardani Studio Legale

The Supreme Court recently issued a significant decision regarding the joint liability of a carrier, shipper and owner of goods following the carrier's violation of road safety rules under Italian law. The decision is notable, as it gives a clear interpretation of Legislative Decree 286/2005's rules that the fault is the subjective element required to establish the liability of a party in the transport chain where there is a violation of the road safety rules.

Author: Luca Di Marco
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Charlotte Spiteri Lost mortgage instruments

Malta - Fenech & Fenech Advocates

The registration of a mortgage over a Malta-flagged vessel in favour of an individual, corporate lender or security trustee (the mortgagee) requires the filing of a statutory mortgage instrument (the deed) at the Maltese Ship Registry. However, what happens if the original mortgage instrument is misplaced? Maltese law affords two remedies in such instances; the chosen remedy will depend on the remaining duration of the registered security.

Authors: Charlotte Spiteri, Lara Saguna Axiaq
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Recent updates

Ricardo Rozas Courts clarify meaning of 'personal acts' of shipowners

Chile - JJR Abogados

Author: Ricardo Rozas
Carsten Vyvers A deal is a deal: compensation claim for alleged consignment loss or damage

Germany - Arnecke Sibeth Dabelstein

Author: Carsten Vyvers
Costas Stamatiou Ballast Water Management Convention enters into force

Cyprus - Elias Neocleous & Co LLC

Author: Costas Stamatiou
Baptiste Weijburg Enumeration breakdown – Court of Appeals examines what constitutes a 'unit' under Hague-Visby Rules

United Kingdom - Wikborg Rein

Author: Baptiste Weijburg
Enare Erim Supreme Court overrules previous case law on service outside jurisdiction

Nigeria - Akabogu & Associates

Author: Enare Erim
Jeremy Prain Cape Town Agreement 2012: milestone for improving fishing vessel safety and loss prevention

International - Bowmans

Author: Jeremy Prain
Pedro Neiva de Santana Neto ANTAQ approves regulatory agenda for biennium 2018-2019

Brazil - Kincaid | Mendes Vianna Advogados

Author: Pedro Neiva de Santana Neto

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