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In the shipping and logistics industry one of the greatest risks of loss in respect of goods is theft during transit or warehousing incidental to transit. In regard to freight forwarders, warehousemen, bailees and road hauliers, there is a risk that their employees may perpetrate, or be complicit in, the theft of goods in their […]
On 1 February 2019, the Supreme Court of Appeal of South Africa (SCA) delivered a seminal judgment on the topic of protective writs in South African admiralty law. In the majority judgment of the Seaspan Grouse, written by Wallis JA and Schippers JJA, it was held that a maritime claimant who has issued a protective […]
South Africa remains an attractive jurisdiction within which to enforce civil maritime claims. Ships may be arrested in respect of claims to be pursued in South Africa or elsewhere for the likes of damage to cargo, unpaid crew wages and ship mortgage debts. In addition, it is possible to arrest what is referred to as […]
South Africa is one of few jurisdictions that empowers its courts exercising admiralty jurisdiction to order the arrest a vessel for the sole purpose of obtaining security for a maritime claim instituted, or to be instituted, in a foreign jurisdiction, where both the Plaintiff and Defendant are foreigners (peregrini) of South Africa. Section 5(3) of […]
One of the difficulties that has arisen in regard to maritime piracy relates to the question of which court has jurisdiction to try suspected pirates once they have been captured on the high seas. The UN Convention on the Law of the Sea (UNCLOS) defines piracy, inter alia, as follows: "Any legal acts of violence […]
If a maritime claim arises, the parties will have to elect in which jurisdiction their claim is to be legally enforced and ultimately determined. This is an important choice to make as it may impact on the prospects of making a financial recovery, the defences available to the carrier and the costs of the proceedings. […]
