Charter Party Casebook

607. S K Shipping Europe Limited v Capital VLCC Trading Corp (“the C Challenger”) [2020] EWHC 3448 (Comm); EWCA Civ 231

michael — Wed, 07 Dec 2022 21:41:52 +0000

Misrepresentation – terms of speed and consumption warranty not in themselves a representation by the owners – on the facts, introductory letter held to be a misrepresentation but element of inducement absent and, in any event, contract affirmed by charterers The facts Shelltime 4 charterparty form. A misleading data sheet had been compiled by an inexperienced employee […]

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606. Hyundai Merchant Marine Company Ltd v Americas Bulk Transport Ltd (the “Pacific Champ”) [2013] EWHC 470 (Comm)

michael — Sun, 27 Feb 2022 21:03:25 +0000

Contract formation – one time charter trip negotiated by email and telephone – no consensus on the facts The facts HMM based in Seoul, South Korea, bareboat charterers and disponent owners of the vessel, represented by Ho Jong Baek, General Manager and head of their HandyMax team, entered into negotiations for the carriage of HBI […]

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605. Leif Hoegh & Co A/S v Petrolsea Inc (the World Era) [1992] 1 Lloyd’s Rep 45

michael — Sun, 16 Jan 2022 20:04:40 +0000

Arbitration – points of claim sought to be amended – pleading a new cause of action which has become time-barred will not be allowed because it was not, and could not have been, included in the reference to arbitration The facts Tanker voyage charterparty between Leif Hoegh and Petrolsea of a Liberian vessel for carriage […]

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604. Herculito Maritime Ltd v Gunvor International BV (the Polar) [2020] EWHC 3318 (Comm); [2021] EWCA Civ 1828

michael — Thu, 16 Dec 2021 18:30:09 +0000

Incorporation – Gulf of Aden clause in charterparty requiring charterers to pay for P & I Kidnap Risks and Ransoms cover up to a maximum of 40 000 USD – even if such obligation implied that owners would not seek general average contribution for ransom paid to pirates from charterers – and even if the Gulf […]

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603. The David Agmashenebeli [2003] 1 Lloyd’s Rep 92

michael — Thu, 02 Dec 2021 18:32:02 +0000

Master’s duty in clausing bills of lading – section 2(2) COGSA 1992 – spent bills not qualifying under proviso because they were negotiated under a fresh contract The facts Thirty Five Thousand tonnes of urea shipped from Finland to China. Chain of FOB sales and sub-voyage charters. Master clausing bills of lading and refusing to […]

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602. A v B [2021] EWHC 793 (Comm)

michael — Sun, 03 Oct 2021 19:10:51 +0000

Defective nomination of vessel – may be cured by timeous valid nomination and therefore not amounting to breach of condition The facts Contract of sale – Ukranian feed corn FOB 1 safe berth/1 safe Ukrainian port, Yuzhny, Odessa or Chernomorsk. (Sale concluded on a rising market – incentive for sellers to cancel). The general provisions […]

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601. K Line Pte Ltd v Priminds Shipping (HK) Ltd (“the Eternal Bliss”) [2020] EWHC 2373 (Comm); [2021] EWCA Civ 1712

michael — Tue, 22 Jun 2021 19:51:58 +0000

Nature of demurrage: liquidated damages for delay – where delay results in damage of a type different from loss of use of vessel, general damages not available – question of law determined under s45 of the Arbitration Act 1996 The facts Voyage charterparty. Norgrain form. Heavy grain, Soya or Sorghum in dry bulk carrier. Discharge […]

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600. Chandris v Isbrandtsen-Moller Co Inc (“the Eugenia Chandris”) [1951] KB 240

michael — Mon, 05 Apr 2021 19:56:55 +0000

Nature of demurrage: liquidated damages for detention – breach of dangerous cargo provision not altering nature of damages suffered The facts Voyage charter party. Quantity of turpentine loaded in breach of cargo clause resulting in extended delay. Special case stated for Court, inter alia, whether damages for detention at market rate higher than demurrage rate […]

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599. Adelfamar SA v Silos E Mangini Martini SpA (“the Adelfa”) [1988] 2 Lloyd’s Rep 466

michael — Mon, 29 Mar 2021 19:50:56 +0000

Damages suffered by owners caused by arrest of vessel at behest of receivers – charterers not liable The facts Carriage of maize to Tripoli. Discharge delayed beyond laytime by congestion. Receivers claimed wet-damage to cargo and refused to take delivery. They proceeded to arrest the vessel. Shortly thereafter a ban on the landing of maize […]

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598. Total Transport Corporation v Amoco Trading Co (“the Altus”) [1985] 1 Lloyd’s Rep 423

michael — Sun, 21 Mar 2021 19:57:31 +0000

Demurrage – damages for multiple breaches and different consequences The facts Tanker voyage charter on Exxonvoy 69. Vessel to proceed from range of ports North Africa there to load a minimum of 40 000 tons crude oil for carriage to a range of ports Italy. “10 Pumping in and out. The cargo shall be pumped into […]

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