E-News for March 1, 2007

Asleep at the wheel? Error in navigation!

Jacobus Bracker reports on a recent decision of the German Federal Court with respect to the error in navigation defence. The first officer, who was in charge of the vessel at the time, had altered course and then fell asleep. The vessel was equipped with a watch alarm, designed to rouse drowsy watch officers, but the alarm was routinely disabled at the commencement of voyages. The officer was woken instead by the stranding of the vessel, which subsequently sunk. The court allowed the defence of error in navigation and ruled in favour of the defendants. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=424

Thai Courts and Cargo Liability Limits

Thailand has not ratified the Warsaw Convention in any form. Forwarderlaw’s Shanghai correspondent Ik Wei Chong directs readers to the recent Clyde & Co aviation bulletin describing the Thai courts’ approach to contractual limitations. For the full article, click here:
http://www.forwarderlaw.com/library/view.php?article_id=422

Liability of Forwarders under Israeli Law

In a two part article, Shmuel Grossman provides a review of the applicable law governing liability for delay or damage. In the first part, the contractual approach to determining the extent of a forwarder’s liability is discussed and relevant case law is reviewed. In the second, Mr. Grossman and his colleague Roy Gilad provide practical advice for managing these risks. For the full articles, click here:
http://www.forwarderlaw.com/library/view.php?article_id=423
http://www.forwarderlaw.com/library/view.php?article_id=427

Recovering Attorney’s fees

Unlike those jurisdictions following the British common law system, the United States does not routinely make awards of costs in favour of successful litigants. Nonetheless, there are ways to improve your chances of recovering legal expenses, according to contributor Steve Block. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=426

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