1. The introduction of the 1982 Clauses was a radical step that finally liberated cargo policies from the old S.G. Policy (the second schedule to the Marine Insurance Act 1906) which had been described in various judgements as "a very strange instrument" and "absurd and incoherent". This change had been resisted for many years because it was felt that it might lead to uncertainty; the S.G. Policy had been considered by the Courts on many occasions so that the effect of the words, however archaic, was felt to be well understood.
The clear and accurate drafting of the 1982 Clauses put these fears to rest and there has been remarkably little litigation regarding coverage in the intervening years.
However, nothing stays perfect for ever and the Joint Cargo Committee (made up of members of the International Underwriting Association and the Lloyds Market Association) is to be commended for taking on the task of reviewing and updating these clauses which are so important to the International Commercial Community.
2. The process of revision was started in February 2006 when the LMA sent out a questionnaire to interested parties and the Joint Cargo Committee set up a Working Party chaired by Nicholas Gooding. After analysing the responses to the questionnaire the Working Party produced a detailed consultation document (with Guidance Notes prepared by Clyde & Co.) which was distributed to the worldwide cargo markets in May 2008. Revised drafts were circulated in October 2008 before the final version was agreed ready for implementation on 1 January 2009.
The new clauses can be found on the LMA website at www.lmalloyds.com
3. In the Commentary Section that follows:
- The 1982 Clauses are shown first
- The 2009 Clauses follow
- Our comments are shown in italics
- Where there are no changes of any significance only the 2009 version has been shown.
In addition to highlighting the changes, we have referred to relevant law cases that occurred since the 1982 Clauses and discuss a number of practical issues that arise frequently.
4. If you have any queries regarding the new clauses or cargo claims generally please contact any of our offices listed on www.rhlg.com.
TO BE CONTINUED . . .
Artikel ini ditulis oleh:
R.R. Cornah
Richards Hogg Lindley St Nicholas House, Old Churchyard, Chapel Street, Liverpool L2 8TX