The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The charterers had established a compensation limitation fund in France.
Held: The liability of the charterers was defined by the type of claim brought, not by the capacity in which he acted. The charterers appeal failed save that they could limit their liability to claims from the shipowners for damage to their own cargoes.
Judges:
Waller, Longmore, Neuberger LJJ
Citations:
[2004] EWCA Civ 114, Times 27-Feb-2004, Gazette 18-Mar-2004, [2004] 1 Lloyd’s Rep 460, [2004] 1 All ER (Comm) 865
Links:
Statutes:
Merchant Shipping Act 1995 185, Convention on Limitation of Liability for Maritime Claims of 1976
Jurisdiction:
England and Wales
Citing:
Appeal from – CNA CGM S A v Classica Shipping Company Ltd ComC 27-Mar-2003
. .
Cited by:
Binding – Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others ComC 30-Jul-2013
The vessel ‘Ocean Victory’ grounded in 2006 entering a port in a storm.
Held: In the first action, that the intermediate charterers were liable to the demise charterers for breach of the safe port warranty in the time charter, and likewise, in . .
Binding – Gard Marine and Energy Ltd v China National Chartering Co Ltd CA 22-Jan-2015
The Ocean Victory went aground in a storm in Kashima port. The court was now asked (i) what, as a matter of law, was the correct test for an abnormal occurrence; (ii) in particular, was the judge correct to hold that the combination of two weather . .
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.
Contract, Transport, Limitation
Updated: 03 August 2022; Ref: scu.193492
