CJC Currents - Spring 2023

Welcome to CJC Currents, the publication from Campbell Johnston Clark which offers a blend of industry updates, practical reviews of key cases affecting international trade and company news.

CII – Time for a rethink?

Following low uptake of the BIMCO CII Operations Clause, Ian Short, CJC Director, asks whether it is the time to “think outside the box” and challenge traditional shipping and legal concepts to marry increasing environmental concerns with conventional obligations under charterparties.

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Carbon Intensity Indicator: Are you ready?

In force from January 1, 2023, the Carbon Intensity Indicator is a key outcome of the IMO’s ambitious targets to reduce CO2 emissions from ships by 40% by 2030 and by 70% by 2050 (against a 2008 baseline). Neil Jackson, Senior Associate and Allen Marks, Director, CJC, explore the ways the new IMO instrument is reflected within BIMCO’s recently published CII Operations Clause for Time Charter Parties.
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Headwinds for the Poseidon Principles

The Poseidon Principles provide a platform for financing shipping’s sustainable future, but the technical guidance underpinning the initiative remains under scrutiny.

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Fishers blown away by Celtic wind

Clear and present legal issues emerge for UK fisheries as two areas of law with sustainability at their core create a conflict for stakeholders in the marine space surrounding the United Kingdom.

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Right of Appeal over DL Lilac inspection

Campbell Johnston Clark recently acted for Charterers in the English High Court successfully bringing an appeal under s69 of the Arbitration Act 1996 against the award of an LMAA Tribunal concerning off-hire following the failure of a vessel’s cargo holds inspection. Ian Short and Keeley Edmondson provide the details.

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Not all anti-suit applications are a sure thing

CJC recently acted for the Defendants in successfully defending a novel pair of applications by Claims for (i) an anti-suit injunction application and (ii) an application to preserve proceeds from another matter in arbitration proceedings in the UK. Allen Marks, Director and David Fittis, Trainee, CJC, summarise the case of E-Star Shipping and Trading Co Ltd v Delta Corp Shipping Ltd [2022] EWHC 3165.

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Thorco limitation ruling leaves Limnos out

In Trafigura Pte Ltd v TKK Shipping Ltd, the High court considered the calculation of the limitation sum under Hague Visby Rules when both physical damage and economic loss have been incurred to the cargo. The Court declined to follow the previous position as set out in The Limnos (2008). Deven Choudhary, Legal Manager, summarises the case.

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 Is non-payment when off-hire a “deduction” from hire? 

Where a charterparty clause states that no deductions from hire can be made without the consent of Owners, can Charterers nevertheless withhold payment of hire if the Vessel may be off-hire at the instalment date, on the grounds that the non-payment of hire that is not due does not constitute a deduction? David Owens, Director, and Caroline Stewart, Senior Associate, summarise an important High Court decision in Fastfreight Pte Ltd v Bulk Trident Shipping Ltd.

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Newcastle Express and the separability principle

The ‘separability principle’ – whereby an arbitration agreement contained in a fixture recap may be treated as independent to the remainder of the charterparty – was considered by the Court of Appeal in its recent decision to set aside an arbitration award, on the basis that the Tribunal had no substantive jurisdiction to hear the case as to whether the charterparty itself had been validly concluded. A summary of DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd by Lucinda Roberts, Senior Associate.

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Late Redelivery; liability for loss of follow-on fixture
A recent London Arbitration award reviewed owner entitlement to claim loss of profits from a missed follow-on fixture, in the case of absent specific knowledge at the time of entering into the charterparty. A report by Henry Setiono, Senior Associate.

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Special focus on ship recycling

A joint Shipping Professional Network of London and Campbell Johnston Clark event saw a full house at CJC’s London offices in late February, attracted to an in-depth discussion on the recent trends on green ship recycling.

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CJC joins London Ship Financing

Marine Money’s 2023 London Ship Financing Forum brought a special opportunity to join some of the great and good in ship financing at Park Lane’s JW Marriott Grosvenor Hotel.

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Singapore client catch-up

CJC Singapore had the pleasure of hosting a drinks reception for clients on Thursday, March 2, in an informal catch-up held in the warm atmosphere of FYR Bar on Boon Tat Street. Conversation flowed at the relaxed gathering, with CJC directors Ian Short and Alex Hudson – respectively from our London and Newcastle offices – in town to join a highly enjoyable evening.

Southampton Sea Pie

Campbell Johnston Clark (CJC) Director James Clayton attended the annual Sea Pie Supper at St. Mary's Stadium in Southampton, hosted by The Cachalots (Southampton Master Mariners). Pictured at the event: Tim Rufus (Siem), Sam Carter (Siem), Edward Dempster (Siem), Tom Williams (Standard Club), Jamie Cook (Bright Cook & Co), Neale Rodrigues (TMC Marine), Chris Dowty, James Clayton (CJC), Tim Lowe.

Further information:

CJC Currents is a publication which is edited by CJC Directors Ian Short and David Owens and consists of contributions by the firm's directors, associates and consultants. Please send any suggestions or comments to or
Campbell Johnston Clark provides a one-stop service to clients covering all aspects of shipping & international trade in every sector. Our clients are based around the globe and include leading operators, ship owners, Fortune 500 and FTSE listed companies, start-up ventures, investment banks, private equity houses, P&I clubs, hull & machinery, and liability insurers.
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