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Indemnity

Admiralty and Maritime Law Updates: October 2026

In October 2026, courts on both sides of the Atlantic returned to the aftermath of two of the worst oil spills in history. In the United States, the Fifth Circuit addressed what evidence a cleanup worker needs to establish a link between the worsening of his medical condition and his exposure to oil and dispersants during the response to the 2010 Deepwater Horizon disaster. In the United Kingdom, the Supreme Court delivered its ruling in the litigation arising from the 2002 sinking of the tanker Prestige, which polluted the coastlines of Spain and France. The Fifth Circuit also decided two other cases: it considered whether a contract qualified as maritime and revived a vessel owner’s claims alleging that its broker failed to remit charter hire. In the United Kingdom, a reform of the High Court came into effect, and the Commercial Court showed the powerful effect of a so-called “hell-or-high-water” clause. This article summarizes each of these developments.

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SCOTUS Denies Shell’s Certiorari Petition, Leaving in Place the Ruling That Contracts for Inspecting and Repairing Lifeboats on Oil Platforms Are Maritime

On October 7, 2024, the U.S. Supreme Court denied Shell’s certiorari petition to review the Fifth Circuit’s decision, which held that a contract to inspect and repair lifeboats on an oil platform located on the Outer Continental Shelf is a maritime contract. Earnest v. Palfinger Marine USA, Inc. , 90 F.4th 804 (5th Cir. 2024).

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