D/S A/S Idaho v Clossus Maritime DA (The Concordia Fjord): QBD 1984

The vessel was chartered for 4 months, with a safe port requirement and a limited area of operation subject to payment of additional insurance premiums. The vessel set off to Beirut, then a safe port. The port lost that designation before the vessel arrived, but the captain continued, and the vessel was damaged by a rocket. The arbitrator found the charterer to be in breach. He, Mr MacCrindle QC, said that he was ‘not aware of any principle exempting the Charterers from liability for their breaches of contract merely on the ground that they have directly or indirectly provided the funds whereby the Owners insured themselves against such damages.’ The Charterer replied that they had purchased the extra insurance, and Beirut remained within the allowed area.
Held: on a proper construction of the charter, the charterer was in breach.


Bingham J


[1984] 1 Lloyd’s Reports 385


England and Wales

Cited by:

CitedGard 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, Insurance

Updated: 05 August 2022; Ref: scu.641393