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Welcome to Volume 28 of Deneys the Big Read Book Series on marine insurance cases of 2025. The selected cases deal not only with direct decisions relating to marine insurance policies and principles, but also to bill of lading and charterparty cases where the outcome has an effect on the insurers and owners of cargo.
Contents
Introduction
The court decisions discussed below were, with one exception, handed down by English courts. The exception is a decision of the Singapore court. All of the cases deal with principles of English law. They are accordingly of interest to people in all of the common law countries including South Africa
English court upholds pre-eminence of Hague time-bar provisions
Tanga Pharmaceuticals Plastics Limited and others vs Emirates Shipping Line FZE
Burden of proof on a peril of the sea and interpreting breach of warranty clauses
Overseas Chinese Banking Corporation Ltd vs Argoglobal Underwriting Asia Pacific Pte Ltd and Others [2025] SGHC82
Fraud and carrier liability
Stournaras Stylianos Monoprosopi EPE v Maersk A/S
Charterers’ right to limit liability
MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSC Flaminia” [2025] UKSC
Navigating maritime security
Mitsui OSK Lines Ltd and Another v the ship “Yangze 22” [2025] FCA 563
Court of Appeal upholds trial court in interpretation of crossing versus head-on collision
Monford Management Limited (the owners of the Kiveli) v Afina Navigation Limited (the owners of the Afina 1 [2026] EWCA Civ 251
Third ship creates competing obligations in a narrow channel
Owners of the X-Press Mahanada v Owner of the Burgan [2025] EWHC 721
“Pay to be paid” Clause and Liability Policy tested
MS Amlin Marine NV v King Trader Ltd & Others [2024] EWHC 1813 (Comm)
Owners’ liable for incompetence of Master
Unity Ship Group SA v Euroins Insurance JSC (the “Happy Aras”) [2026] EWHC