References: [1984] 1 Lloyds Rep 136
Coram: Kerr LJ
Ratio: The charterers had contracted to provide and pay for fuel. They ordered her to a safe port but she was directed to an unsafe place in that port by the refinery with whom the charterer had contracted for the supply of bunkers. The court was asked to construe the safe port warranty.
Held: The charterer was not in breach of the safe port warranty because even on the assumption that the refinery’s authority as agent extended to designating a bunkering place, it was not at fault in designating this particular bunkering place.
However, Kerr LJ said: ‘Although, in relation to the charterers, the refinery was in the position of an independent contractor, we naturally accept that for the purposes of the charterers’ obligation, under clause 2 of the charter-party, to provide the fuel, the refinery was the agent of the charterers as between the charterers and the owners. The reason is that, in that respect, the refinery was used by the charterers in order to perform one of the charterers’ obligations under the contract.’
This case is cited by:
- Cited – NYK Bulkship (Atlantic) Nv v Cargill International Sa ComC (Bailii, [2013] EWHC 30 (Comm), [2013] 1 Lloyd’s Rep 455)
The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head . . - Cited – NYK Bulkship (Atlantic) NV v Cargill International SA CA (Bailii, [2014] EWCA Civ 403, [2014] 2 Lloyd’s Rep 103)
The court was asked as to ‘the true construction and application of a proviso to an off hire clause in a time charterparty, dealing with the capture, seizure, detention or arrest of the vessel. The issue thus raises the familiar question as to the . . - Cited – NYK Bulkship (Atlantic) Nv v Cargill International Sa SC (Bailii, [2016] UKSC 20, Bailii Summary, [2016] 1 Lloyd’s Rep 629, [2016] 2 All ER (Comm) 587, [2016] WLR(D) 255, [2016] 4 All ER 298, [2016] 1 WLR 1853, WLRD, SC, SC Summary)
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer.
Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 13-Jun-18
Ref: 616909
