The Aegean Sea was lost at sea causing very extensive damage through the escape of its cargo of crude oil. AST asserted as a preliminary issue, that RP had become liable for that damage. RP’s wholly owned subsidiary ROIL was the charterer, argued that it was entitled to the limitation on claims provided by the 1992 Act. AST said that this was unavailable, the voyage being undertaken in breach of an implied safe port term.
Held: The claim was dismissed. The Convention did not entitle the charterers to limit claims against the owners rather than those having interests in the cargoes, and particularly so when express clause to that effect might have been used.
RP had not ever been a lawful holder of bills of lading, and section 3 of the 1992 Act could not be used. Neither a safe port term nor an indemnity could be created by an implication by necessity.
Judges:
Thomas J
Citations:
[1998] 2 Lloyd’s Rep 39
Statutes:
Carriage of Goods by Sea Act 1992
Jurisdiction:
England and Wales
Cited by:
Cited – Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others HL 27-Mar-2001
The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a . .
Cited – Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 03 August 2022; Ref: scu.194566