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Richards Hogg Lindley
 

Publications

Latest Publications

An adjusters’ note on substituted expenses and ransom payments – “The Longchamp”

15 February 2017

The Court of Appeal has reversed the 2014 High Court judgement that crew wages and fuel consumed during lengthy ransom negotiations with Somali pirates could be allowed as general average under Rule F of the York Antwerp Rules. This article provides insight into both the High Court and Court of Appeal decisions, and clarifies the test for establishing an allowance under Rule F.

Environmental liabilities in particular average - Part 2

16 November 2016

Situations in which pollution-related costs can be recovered in general average (GA) have been discussed in our previous article, “Environmental liabilities in general average – Part I”. We will now consider when the costs of cleaning up pollution in dry-dock may be covered by particular average (PA).

Environmental liabilities in general average - Part 1

30 September 2016

The liability aspect of environmental costs falls traditionally within the ambit of P&I cover. However, there can be situations whereby such costs can be recovered as either general average (GA) or particular average (PA) from property insurers. This article will consider the topic from a GA point of view.

An adjuster's note on constructive total loss

31 August 2016

This was a first instance trial in which the underwriters of the “Renos” attempted to defend a claim by the assured for constructive total loss of the vessel following significant damage caused by a fire in the engine room in Suez in August 2012. Notice of abandonment was tendered in February 2013. From an adjusting perspective, it raises some interesting points concerning which costs should be included in the assessment of a claim for constructive total loss. We also take the opportunity to note some of the differences in approach to claims for CTLs between the conditions commonly used in the market.

Insurance Act 2015/Enterprise Act 2016

27 July 2016

Because the standard Institute Clauses provide that “This insurance is subject to English law and practice”, the first significant statutory changes under English law since the 1906 Marine Insurance Act are of general interest to insurers and assureds worldwide.

An adjuster's note on general average security - "The Lehmann Timber"

11 July 2016

This case is particularly interesting from an adjusting perspective because shipowners have been placed in a much stronger position when enforcing a lien in order to obtain satisfactory securities. Provided that the exercise of the lien is reasonable, and there is no failure to mitigate expenses, shipowners may recover the expenses of enforcing such lien as damages. As a result, cargo interests should ensure that the general average security is provided within a reasonable period to avoid facing additional costs.

York-Antwerp Rules 2016 compared with 1994 & 2004 Rules

6 June 2016

The York-Antwerp Rules (YARs) govern general average cases by reason of being incorporated into contracts of carriage. First instigated by an international conference in York in 1864, their objective is to promote international uniformity in dealing with general average and to make the process involved commercially effective. The Rules are updated periodically under the auspices of Comite Maritime International (CMI), which is made up of national Maritime Law Associations.

Adjusters' note on Actual and Constructive Total Loss

18 May 2016

This was a first instance trial in which the underwriters of the “Irene EM” attempted to defend a claim for an actual total loss, or alternatively a constructive total loss following grounding. The factual matrix of this case brought to light some interesting points from an adjusting and case management perspective. What was particularly apparent was the need to maintain objectivity, both in external and internal communications.

Commentary on the new York-Antwerp rules

17 May 2016

In May 2016 in New York, the York-Antwerp Rules 2016 were approved by the Comité Maritime International (CMI). This commentary sets out a brief background to the new rules and summarises the main changes.

Introduction to Hull Claims

14 March 2016

An introductory guide for those becoming involved in Hull Claims for the first time, written by Richard Cornah and Paul Rowland as a preliminary to the guides to Hull Claims and General Average.

Commentary on the York-Antwerp Rules 2004 (2nd edition)

5 February 2014

On 4th June 2004 in Vancouver, the York-Antwerp Rules 2004 were approved by the Comite Maritime International (CMI). This commentary sets out the background to the new Rules, summarises the main changes and includes a comparisons between the 1994 and 2004 Rules.

2012 AAA Chairman’s Address on Loss of Hire

3 February 2014

Paul Silver, director, RHL, discusses whether the ABS Loss of Charter Hire Insurance wording is still fit for purpose.

A Guide to General Average

24 August 2010

Richard Cornah: This is the fifth edition of a booklet published by Richards Hogg Lindley giving a simple guide to the subject of general average. The first edition was published in 1967 with the express purpose of assisting masters and ship’s agents to understand the complexities of general average. The present edition has been updated and expanded for a wider readership, whether they be shipowners, cargo owners or others who participate in the adventure of carrying goods by sea.

Rotterdam Rules

11 February 2010

Richard Cornah, Chairman, RHL, provides a guide to the Rotterdam Rules on contracts for the carriage of goods by sea.

2009 Chairman's Address

14 May 2009

Richard Cornah, Chairman of RHL, addresses to the Association of Average Adjusters on which policy pays in cases of progressive or discovered damage.

Institute Cargo Clauses 2009

18 February 2009

As from 1st January 2009 the new Institute Cargo Clauses became available for use, after a lengthy process of consultation with London market and international bodies. Attached is a Commentary by Richard Cornah.

2008 AAA Chairman's Address

10 September 2008

In his 2008 address to the Annual meeting of the Association of Average Adjusters, Richard Cornah dealt with the topic of pollution liabilities and costs in the context of Particular and General Average claims.

The Marine Insurance Act Centenary

29 November 2007

The following is a summary of a paper read to insurers and shipowners by Richard Cornah at a seminar in Mumbai in January 2006.

Reasonable Cost of Repairs

29 November 2007

The following article by Richard Cornah first appeared in the July – August 2005 edition of the Journal of International Maritime Law.

The Road to Vancouver - The Development of the York/ Antwerp Rules

29 November 2007

The following article by Richard Cornah first appeared in the Journal of International Maritime Law.

A Commentary on the International Hull Clauses

29 November 2007

Richard Cornah has produced a commentary on the 2003 revision of the International Hull Clauses.

A Guide to Marine Hull Insurance Claims

29 November 2007

The aim of this booklet is not to compete with the standard textbooks but to act instead as a practical, easy to follow guide to the handling of marine hull insurance claims. It includes a clear analysis of the key areas of insured perils and exclusions.