Quadraant Legal’s Post

Can a ship owner be held liable for conversion? Conversion refers to the violation of the ship owner's right to possess and control goods according to their own discretion. It is important to note that the ship owner only has possession of the goods for the purpose of transportation and does not hold any legal ownership. For a more comprehensive understanding of conversion and its criteria, we recommend reading the article written by Capt. Pankaj Kapoor, Rajiv Newaskar, and Ayaan Hafiz from Quadraant Legal. Khaitan Legal Associates and Quadraant Legal have formed a Joint Venture, bringing together their expertise. Stay updated for more informative articles. #KLA #SakateKhaitan #ShipConversion #QuadraantLegal #bailee #Shipowner #Marine

Thanks for sharing the post and the article on very important decision and interesting case.  The distinguished author of the Legal Team deserves kudos for elucidating various important facets of “doctrine of conversion” in a variety of ways, particularly the liablity of bailee in trover for mis-delivery of property, without regard to the question of care or negligence.  “Trover” is a form of lawsuit as a common law action in common law jurisdictions to recover the value of personal disposed of by another person. The conclusion on the liability of a vessel owner for conversion of goods and its exceptions is succinctly summarized. To my mind, the Joint Venture of KLA and QL with their expertise will go a long way and will post more and more informative articles for the benefit of the professionals, advocates, law students and the stake holders. #vessel #owner #shipowner #bailment #doctrineofconversion #goods #legaldeli

The third edition of Dr. Arun Kasi's shipping law newsletter is out now. This month's issue reviews the summaries of two cases: Ceto Shipping Corporation v Savory Shipping Inc (M/T “VICTOR 1”) [2024] EWHC 663 (Comm) and Luster Maritime SA and another v SMIT Salvage BV and others (M.V. “EVER GIVEN”) [2024] EWCA Civ 260 You can also subscribe here: https://lnkd.in/egsnQdgs #shipping #maritime #contractual #arbitration #shippinglaw

Many of you will be following the DALI/Baltimore bridge collision and if you are reading the very informative posts of Stephen Askins of Tatham & Co, you will be aware that the owners of the ship have now commenced a limitation action in the USA. As appears from Stephen's recent post, the USA is a value limit jurisdiction and the owners are seeking to limit their liability for all claims arising from this collision to the damaged ship value plus outstanding freight. This will produce an estimated fund in the region of US$44 million. The USA has not ratified any of the international limitation conventions but if it had, this estimated fund would be more than would be available under the 1957 Brussel's and the 1976 London Limitation Conventions, but less than the ship's estimated funds under the 1996 Protocol (to the 1976 London Limitation Convention), both before and after the 2015 amendments. If you would like a general overview of limitation of liability then if you have not already done so I would encourage you to visit our website (www.hirstmarine.com.au) and read our paper on limitation in the Case Handling section.

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