When tendering a letter of undertaking (LOU) to an arresting party, a P&I Club cannot lawfully include terms that could cause the undertaking to expire according to the Australian Federal Court.
In the case of the “Yangze 22”, the court refused to release a vessel from arrest because the P&I Club’s LOU included
In South Africa it is possible to arrest any property (not only marine property) to obtain security for a claim that the arresting party is pursuing, or will pursue, in another forum or jurisdiction. To obtain such an arrest, the applicant must show that its need for security is genuine and reasonable.
In a June
In September 2025, the High Court held the Road Accident Fund (RAF) 100% liable for damages arising from a collision involving a 13-year-old boy pedestrian. The court rejected the RAF’s attempt to apportion the blame on the basis of the child’s contributory negligence and ordered punitive costs for the RAF’s untenable stance. The judgment illustrates
1 In the English court decision of Stournaras Stylianos Monoprosopi EPE v Maersk A/S the court clarified the scope of carrier obligations under the Hague Rules, the role of Verified Gross Mass (VGM) data, and the risks of container fraud. The judgment provides practical guidance for both consignees and carriers in navigating the complexities of