The court was asked whether the general expenses incurred when a ship was taken by pirates were allowable in General Average while the negotiations for release took place.
Judges:
Kitchin, Hamblen LJJ, Sir Thomas Lloyd
Citations:
[2016] EWCA Civ 708, [2016] WLR(D) 390, [2016] Bus LR 1285
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
At First Instance – Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another QBD 2015
The sip had been taken by pirates. The parties disputed the burden of expenses while negotiations took place for its release.
Held: the hypothetical other expense must be one which would have been reasonably incurred in a sense ‘interpreted . .
Cited by:
At CA – Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another SC 25-Oct-2017
This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 19 September 2022; Ref: scu.566888
