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Havarihåndtering og kriseberedskap til sjøs

MSC FLAMINIA: Supreme Court clarifies charterers’ right to limit liability

13.10.2025

Offshore wind collisions – costly claims and legal complexity

The construction of offshore wind farms near busy shipping routes has already resulted in a number of collisions between vessels and offshore wind infrastructure. As the number of wind farms increases, so does the collision risk. Claims are often substantial, as each turbine can cost tens of millions of dollars and an offshore substation can cost several hundred million dollars, and in addition there may be significant production losses.

23.01.2025

The Nairobi Wreck Removal Convention enters into force in Norway

Following the decision by the Norwegian government on 11 October 2024 to accede to the Nairobi Wreck Removal Convention, the Convention will enter into force in Norway on 11 February 2025. It will be given effect not only in Norway's exclusive economic zone, but also in its territorial waters. Norwegian legislation implementing the Convention into Norwegian law will enter into force on the same day as the Convention.

16.12.2024

New Lloyd’s Open Form 2024

Lloyd’s Salvage Arbitration Branch has released a new Lloyd’s Open Form of Salvage Agreement (“LOF 2024”), as well as a new Lloyd’s Salvage Arbitration Clause (“LSAC 2024”).

16.12.2024

WRECKSTAGE 2024 – new industry standard wreck removal agreement

On 4 June 2024 BIMCO released a new version of WRECKSTAGE, which has long been the industry standard agreement for maritime wreck removal projects where the contractor is remunerated on a lump sum basis. Several changes have been made to this new version, the most important being a new optional risk allocation procedure, which is intended to give greater certainty in the allocation of risks. The result is an improved form which will no doubt be warmly welcomed by the industry.

15.12.2023

Limitation of liability in light of the MSC Flaminia (No. 2) appeal decision.

The Court of Appeal in London has given further guidance on charterers’ ability to limit liability following the High Court decision in the MSC Flaminia (No. 2) reported in our December 2022 edition, giving some important clarification to the types of limitation claims charterers can make.

12.12.2022

Limitation of liability in light of the MSC Flaminia (No.2) case

The right to limit liability for claims is a cornerstone and unique feature of maritime law. Limitation issues are a particularly important consideration in the aftermath of large scale casualties as the ability to limit liability may significantly reduce the financial exposure for a party and its insurers.

10.07.2022

Progress towards a treaty on plastic pollution

In March of this year, the United Nations passed an historic resolution which may result in a legally binding treaty to combat plastic pollution in the oceans.

10.07.2022

Report on the safety of cruise traffic in Norwegian waters

In the spring of 2019, the cruise vessel “Viking Sky” suffered engine failure and almost grounded. Nearly three years later, a Norwegian Official Report (NOU 2022: 1) on how to reduce the risk of casualties within the cruise sector has been published.

13.12.2021

Are lawyers’ notes from crew interviews legally privileged?

In another recent decision in the Norwegian proceedings relating to the collision between the Norwegian navy frigate “Helge Ingstad” and the oil tanker “Sola TS”, the Gulating Court of Appeal has held (LG-2021-115658) that notes taken by lawyers from crew interviews were legally privileged and such privilege had not been waived by disclosure in the proceedings of a report referencing content from those notes.

13.12.2021

Limitation of liability for collisions claims in respect of wreck removal expenses

A recent decision in the Norwegian proceedings relating to the collision between the Norwegian navy frigate “Helge Ingstad” and the oil tanker “Sola TS” saw Hordaland District Court weighs in on a question that has been the subject of international debate for some time. The court held that the Norwegian state’s indemnity claim against the owners of the “TS Sola” in respect of the costs of the removal of the wreck of the “Helge Ingstad” is subject to the limitation amount for claims in respect of property damage and not the separate and higher limitation amount for claims in respect of clean-up and wreck removal.

10.12.2020

“Fisktrans” – withdrawal of wreck removal order following consideration of proportionality

In a recent administrative appeal decision, the Norwegian Coastal Administration (the “NCA”) Head Office reversed the wreck removal order issued by the NCA Emergency Response Centre in respect of the “Fisktrans” which sank in Northern Norway in 2017. The decision confirms that the pollution authorities shall consider the proportionality of the measures ordered when exercising their administrative discretion.

09.12.2020

“Full City” – 5 key takeaways from the limitation fund proceedings

In November 2020, the limitation fund established following the grounding of the “Full City” near Langesund, Norway, in 2009 was finally distributed. The limitation fund proceedings, which ran in parallel with the proceedings concerning the limitation fund established following the “Server” casualty in 2007, have helped clarify several procedural aspects of limitation funds.

30.05.2019

Norway prepares for ratification of the Nairobi Wreck Removal Convention

The Norwegian Parliament has recently decided that Norway shall ratify the Nairobi Wreck Removal Convention and that the Convention shall be given effect not only in Norway's exclusive economic zone, but also in its territorial waters. The Norwegian Parliament has also adopted legislation to implement the Wreck Removal Convention into Norwegian law once ratified.

12.12.2018

Ship and rig recycling

International conventions and local regulations combine to create a complex regime, which is often overlooked. The sale of a ship or rig to an intermediate buyer, who then sells the asset on to a shipbreaking facility, will not necessarily insulate the original owner from future liability or reputational damage.