Sally-Ann Underhill

Firm/Organization: Reed Smith LLP

Blogs: Global Restructuring Watch, Ship Law Log, Technology Law Dispatch

Latest Articles

The “Atlantic Tonjer” – the first glimpse of the judicial approach to interpreting SupplyTime 2017

By Sally-Ann Underhill & Mira Midelieva on July 23, 2019

Summary The “Atlantic Tonjer” [2019] EWHC 1213 (Comm) is thought to be the first reported judgment on SupplyTime 2017. The decision clarifies the meaning of clause 12(e) of the standard form, which requires Charterers to notify Owners by no later than the due date of an invoice, if they reasonably believe that the invoice is incorrect. The Court construed clause 12(e) in its commercial setting, highlighting the equal bargaining power of the parties and the…

Ship Law Log

MV “ARCTIC” – Obligation to “keep vessel in class” is an innominate term

By Sally-Ann Underhill & Nicole Cheung on July 18, 2019

Summary The Court of Appeal’s decision in Ark Shipping Co LLC v. Silverburn Shipping (IOM) Ltd, “ARCTIC” [2019] EWCA Civ 1161, provides a clear statement of the principles of construction, and how they are applied in ascertaining whether a term is a condition or an innominate term. This decision provides guidance on the proper interpretation of parties’ continuing obligations during the life of a bareboat charterparty in relation to matters such as classification status, and…

Ship Law Log

Ebola outbreak in the Democratic Republic of Congo

By Sally-Ann Underhill, Stephen Kirkpatrick & Gautam Lamba on June 14, 2019

The outbreak of Ebola in the Democratic Republic of Congo is getting worse. The World Health Organisation reports that 1,396 have already lost their lives in this latest outbreak with a total 2,071 reported cases as of 10 June 2019. Perhaps more worryingly, Ugandan authorities confirmed the deaths of two people yesterday, only two days after the first incidence on 11 June 2019. During previous outbreaks there were numerous instances of vessels considered to be…

Ship Law Log

Dera Commercial Estate v. Derya Inc [2018] EWHC 1673

By Sally-Ann Underhill on August 20, 2018

In Dera Commercial Estate v. Derya Inc [2018] EWHC 1673, the Commercial Court considered several issues of interest arising out of Article III Rule 6 of the Hague Rules ( “Article III Rule 6”), in the context of a bill of lading for the carriage of maize destined for Jordan which, on arrival, was not allowed into the country by the Jordanian customs authorities, due to damage and “apparent fungus”. Although, after various efforts to…

Ship Law Log

No hindsight for implied terms

By Sally-Ann Underhill on July 25, 2018

In Robert Bou-Simon v. BGC Brokers LP [2018] EWCA Civ 1525, the Court of Appeal considered deleted provisions and implied terms. Although in the context of an employment contract, the decision obviously has wider application. The Court held that the judge at first instance had not properly applied the legal test for the implication of contractual terms, as established in Marks & Spencer Plc v. BNP Paribas Securities Services Trust Co (Jersey) Ltd [2016] AC 742.…

Ship Law Log

Update on recent developments in the Shipping Industry

By Sally-Ann Underhill on June 26, 2018

For an update on recent developments in the Shipping Industry, click here to listen to our recent webinar. During the webinar, we cover some of the key shipping cases in the last 6 months. We also take a look at electronic bills of lading including how they work, common benefits and pitfalls, as well as considering how they could operate in the future. Recent developments in case law Interclub agreement US COGSA – “management of…

Ship Law Log

Future proofing your contracts – ‘anti-oral variation’ clauses require even more thought

By Sally-Ann Underhill & Ioannis Kampianakis on May 29, 2018

In Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, the Supreme Court has handed down a decision which has provided further certainty in the area of no oral variation /modification clauses, albeit in doing so it has overturned the decision of the Court of Appeal referred to previously in our blog of 7 July 2016. The wording considered was “All variations to this Licence must be agreed, set out in writing…

Ship Law Log

Venezuelan drug smuggling – CTL and recovery for detention under Institute clauses

By Sally-Ann Underhill on May 23, 2018

Navigators Insurance Company Limited v Atlasnavios-Navegacao LDA [2018] UKSC 26 In a decision handed down yesterday (22 May) the Supreme Court held that where a vessel was used by unknown third parties in an unsuccessful attempt to export cocaine from Venezuela (by strapping a parcel of drugs to the vessel underwater), leading to a detention of the vessel by Venezuelan authorities for more than 6 months, the Owners were not entitled to recover the vessel’s…

Ship Law Log

Safe berth: meaning of “always accessible”

By Sally-Ann Underhill & Ioannis Kampianakis on March 29, 2018

In the Aconcagua Bay [2018] EWHC 654, the Commercial Court Judge differentiated “always accessible” from “reachable on arrival”, holding that the term berth “always accessible” refers not only to entry, but also to the departure of the vessel from berth. On the facts of the case, a bridge and lock were damaged whilst the vessel was loading, meaning she could not use a channel and was therefore unable to leave the berth. Owners claimed damages…

Ship Law Log

“Demurrage claims” for the purposes of documentary time bars

By Sally-Ann Underhill & Ioannis Kampianakis on February 8, 2018

On 2 February 2018 the Commercial Court allowed an appeal from a decision of the Arbitration Tribunal in Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd. The Judgment serves as a reminder to Owners to ensure that, if they have a claim for demurrage (no matter how it arises under the charter), as opposed to a claim for which any delay is compensated at the demurrage rate, they comply with any time bars…

Sally-Ann Underhill

The “Atlantic Tonjer” – the first glimpse of the judicial approach to interpreting SupplyTime 2017

MV “ARCTIC” – Obligation to “keep vessel in class” is an innominate term

Ebola outbreak in the Democratic Republic of Congo

Dera Commercial Estate v. Derya Inc [2018] EWHC 1673

No hindsight for implied terms

Update on recent developments in the Shipping Industry

Future proofing your contracts – ‘anti-oral variation’ clauses require even more thought

Venezuelan drug smuggling – CTL and recovery for detention under Institute clauses

Safe berth: meaning of “always accessible”

“Demurrage claims” for the purposes of documentary time bars

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