Portolana Compania Naviera Limited v Vitol Sa Inc, Vitol Sa of Switzerland: CA 12 Jul 2004

Whilst in port the flange of a pipeline had broken so as to allow a discharge of the cargo, delaying the sailing.
Held: The term in the contract ‘a breakdown of machinery or equipment’ was to be taken to include such a breakdown, allowing the charterer claim demurrage under the Asbatankvoy form of voyage charterparty.

Judges:

Lord Justice Clarke Lord Justice Laws Lord Justice Ward

Citations:

[2004] EWCA Civ 864, Times 24-Aug-2004

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Contract

Updated: 11 June 2022; Ref: scu.198683