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Articles by Malcolm Hartwell
The English Court of Appeal places late notice under the microscope
09 November 2026 | Legal Affairs | General | Donald Dinnie, Director at Deneys and Malcolm Hartwell, Consultant at Deneys An October 2026 decision of the English Court of Appeal confirms that an insurer may reject a claim under a liability policy due to late notification without having to show that the delay caused it any prejudice if the policy, read as a whole, makes compliance with the notification clause a condition of cover. The clause need not carry the label "condition precedent".
"Pay To Be Paid" Clause In Liability Insurance Policy Tested
Decision: MS Amlin Marine NV v King Trader Ltd & Others [2024] EWHC 1813 (Comm) In July 2024, the English High Court handed down a judgment on whether or not the insurers under a charterer's liability policy were obliged to indemnify third parties, where the insured went insolvent and had not paid the underlying claim to the third parties.
Transport, Trade And Logistics Update
A new form of security following the declaration of general average (GA) has the market wondering if a real change has occurred. In brief, the answer is a resounding "no", although the process is slightly simpler and the new form has some provisions that the marine insurance market needs to be aware of.
Proposed amendments to the National Ports Act: attempted alignment raises a number of challenges which the ports’ industries need to address
The Department of Transport has promulgated a notice calling on parties to make submissions by 28 September 2023 on the proposed amendments to the National Ports Act (NPA). Certain of these amendments mark a fundamental shift from the amendments proposed in 2018. Those shifts take place against a background of the corporatisation of various Transnet entities in an attempt to improve competition and to propose changes to the ports’ regulatory environment.
SA Shipowning Company: A Work In Progress
In November 2022 the Department of Transport (DoT) revealed its intention to create a state-owned company (SOC) to own and operate merchant ships when it released what it described as a pre-draft Bill for comment.
The Wreck Removal Convention: What do insurers need to know?
Experts from Norton Rose Fulbright – Mrs Shelley Chapelski, Partner (Vancouver) & Mr. Malcolm Hartwell, Head of Transport, Africa; Master Mariner; Director (Durban) provide an overview of the Wreck Removal Convention, highlighting key consideration for marine insurance. The Nairobi International Convention on the Removal of Wrecks, 2007, also known as the Wreck Removal Convention (“WRC”), entered into force on April 14, 2015. More than 50 states have now ratified the WRC.
Legal implications of Coronavirus on global and local business
The outbreak of COVID-19 (Coronavirus) has affected many areas of business, and the legal implications extend far beyond the obvious sectors such as tourism and employment law. Click here to look at our publications for a range of insights on the impact of the pandemic if it continues to spread.
AfCFTA could present a boon for blockchain and crypto-currencies
The combination of crypto-currencies and the freedom of trade offered by the African Continental Free Trade Area agreement (AfCFTA) offers enormous potential for growth in the logistics industry in Africa, but will require strong political will and competent assistance with technology and regulatory support. The AfCFTA, enabled through ratification by 22 member states, seeks to create the world’s largest free trade area by allowing for the free movement of goods and people among the states.
Africa free-trade pact gives hope amid bars to transport corridors
We continue to hear much about “corridors” in Africa and how a focus on building and refurbishing roads and rail systems along these corridors will help focus investment into infrastructure where it will make the most economic impact. A quick glance at any of the myriad maps showing actual or potential intra–African transport corridors will clearly show how these transborder economic avenues will link many of the landlocked African states to the coast, and the ports to inland markets.
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