The charterparty may itself specify an area within a port, such as a basin, a dock or a certain distance or reach of shore on the sea coast or in a river1, that a ship must reach in order to be 'arrived' and effect will be given to this2. Once she is there, the shipowner's duty is fulfilled, and it is not necessary that the ship should actually reach her loading berth before laytime begins to run3. Thus, where the specified place of loading is a dock, arrival at the dock gate is not sufficient4, except when entry is
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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