Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] All ER (D) 59 (Jun) – Court of Appeal – Sir Bernard Rix, with whom Arden LJ and Patten LJ agreed
A cargo of steel coils was carried under four bills of lading by The Lehmann Timber. The vessel was first detained by pirates and released by a payment of ransom by the owners. Subsequently, the vessel suffered an engine breakdown, which put the owners to the cost of towing. Finally, the vessel arrived the destination […]
St Maximus Shipping Co Ltd v AP Moller-Maersk A/S (The Maersk Neuchatel) [2014] All ER (D) 29 (Jun) – High Court – Hamblen J
A demise charterer let in 2004 the container vessel The Maersk Neuchatel to a time charterer in liner trade by a charterparty in an amended BIMCO BOXTIME form. The charterparty required the demise charterers to give a temporary security in the event of a general average or salvage, to cover all goods and containers, which […]
Glencore Energy UK Ltd and another company v Freeport Holdings Ltd (The Lady M) [2019] 2 All ER (Comm) 731 – Court of Appeal – Simon LJ, with whom Coulson LJ and Sir Geoffrey Vos C agreed
The Lady M was on a voyage carrying 62,250 mt of oil from Taman, Russia to Houston, USA under four bills of lading which were subject to the Hague-Visby Rules. On 14 May 2015, the chief engineer deliberately set fire in the engine room. The fire was put out within 36 minutes, however the main […]
MT “Cape Bonny” Tankschiffahrts GMBH & Co KG v Ping an Property and Casualty Insurance Company of China Ltd, Beijing Branch (The Cape Bonny) [2017] EWHC 3036 (Comm) – High Court – Teare J
The Cape Bonny, a tanker, was carrying oil from Argentina to China. The bill of lading incorporated the Hague-Visby Rules and the York Antwerp Rules. On this voyage, the engine broke down and the vessel was immobilised and adrift at sea on 14 July 2011. At this time, she was seeking to avoid the tropical […]
Mitsui and Co Ltd and others v Beteiligungsgesellschaft LPG Tankerflotte MBH and Co KG and another (The Longchamp) [2018] 1 All ER 545 – Supreme Court – Lord Neuberger, with whom Lord Sumption, Lord Clarke and Lord Hodge agreed, but Lord Mance DP dissented
The Longchamp was boarded and hijacked by pirates on the Gulf of Aden while carrying cargo under a bill of lading subject to the York Antwerp Rules 1974. The pirates asked for USD6 million ransom to disembark and release the vessel. The owner negotiated over 51 days and reduced the ransom to USD1.85 million, which […]
Cosco Bulk Carrier Co Ltd v Tianjin General Nice Coke (The NV Jia Li Hai) [2017] EWHC 2509 (Comm) – High Court – Knowles J
Following a collision and the consequent expenditure spent by the owners in saving the vessel and the cargo, the owners declared general average. The cargo insurers gave the general average guarantee to pay any due general average contribution payable by the cargo interests. Subsequently, the cargo insurers did not pay, and the owners sued the […]
Navalmar UK Ltd v Ergo Versicherung AG and another company (The BSLE Sunrise) [2019] EWHC 2860 (Comm) – High Court – Judge Pelling QC
The BSLE Sunrise carried a cargo of pipes from Jebel Ali to Antwerp under three bills of lading, which incorporated YAR 1974. En route, the vessel grounded off Valencia on 28 September 2012. The owners had the vessel re-floated and temporary repairs done to continue with the voyage to Antwerp. On 5 October 2012, the […]
Alize 1954 and another v Allianz Elementar Versicherungs AG and others (The CMA CGM LIBRA) [2020] EWCA Civ 293 – Court of Appeal – Flaux LJ, with whom Males LJ and Haddon-Cave LJ agreed
The CMA CGM Libra loaded cargo at Xiamen. The working chart was defective in that they did not contain a warning of the danger that the depths shown in the chart outside the fairway was not reliable and can be shallower than that shown in the chart. A Notice to Mariners were issued to this […]
Herculito Maritime Ltd and others v Gunvor International BV and others (The Polar) [2020] EWHC 3318 (Comm) – High Court – Sir Nigel Teare
The Polar was carrying 70,000 mt of fuel oil under a voyage charterparty. Under the V/C, the charterers were to pay for the K&R insurance and War Risks policy. The V/C incorporated YAR. B/Ls were issued incorporating the V/C. The vessel was kidnapped while transiting Gulf of Aden en route St Petersburg to Singapore. A […]
Griffin Underwriting Ltd v Verouxakis (The Free Goddess) [2021] EWHC 226 (Comm) – High Court – Calver J
Griffin insured The Free Goddess against kidnap and ransom. The vessel was kidnapped in laden condition en route Egypt to Thailand and taken to Somalia in February 2021. Griffin paid the ramson of USD6.5 million and got her released in October 2021. Then Griffin entered into a settlement agreement with the owners of vessel on […]