Malcolm Hartwell

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In February 2025, the English High Court in Tanga Pharmaceuticals Plastics Limited and others (the claimants) versus Emirates Shipping Line FZE (the defendant) rejected the defendant’s request for summary judgment and in doing so upheld the time-bar provisions contained in the Hague Rules incorporated into the bills of lading. The claimant’s claims to recover its…

Securing trade loans for goods carried by sea: should banks be a party to a bill of lading?

Security for trade loans in general

Banks and other financial institutions (lenders) involved in the financing of international trade deals face challenges additional to those who are financing domestic trade operations.  This is principally because…

Insurable interest under South African law revisited

Introduction and background

Insurable interest continues to evolve under English and South African law and should be front of mind for parties involved in the logistics sector who want to manage their risk. The general approach taken by the courts in both countries is to ask whether the…

Offshore bunkering to resume: SA can finally take advantage of increased traffic due to Red Sea closure

The South African Revenue Service has promulgated an amendment to the Rules under sections 21, 60 and 120 of the Customs and Excise Act of 1964 which will come into effect from 30 November 2024.  The amended Rules…

Financiers beware: English Supreme Court of Appeal confirms the applicability of the 12-month time limit in the Hague and Hague-Visby Rules to all claims under bills of lading

A November 2024 UK Supreme Court decision in Fimbank Plc v KCH Shipping Co Ltd, [2024] UKSC 38, has provided clarity on the applicability of the 12-month…

This blog was co-authored with Adam Butler, Candidate Attorney.

Introduction

Force majeure clauses are contained in most contracts dealing with international trade, from sale and supply agreements to charterparties and contracts of affreightment.  With the numerous disruptions in the last few years caused by climate change, piracy, war, civil commotions and the pandemic, they provide…

The Department of Transport has promulgated a notice calling on parties to make submissions by 28 September 2023 on the proposed amendments to the National Ports Act (NPA).  Certain of these amendments mark a fundamental shift from the amendments proposed in 2018.  Those shifts take place against a background of the corporatisation of…

Transnet Freight Rail’s (TFR) recent invitation for tenders to operate a 20 year lease on South Africa’s busiest rail corridor from Gauteng to Durban reflects the implementation of the White Paper on National Rail Policy approved by cabinet in 2022.  This move indicates that TFR accept that they do not have the capacity or finances…