Source: All England Reporter
Publisher Citation: [2012] All ER (D) 85 (Apr)
Neutral Citation: [2012] EWHC 844 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Popplewell J
Representation Chirag Karia QC (instructed by Clyde & Co) for the claimant.
  Claire Blanchard QC (instructed by Stephenson Harwood) for the defendant.
Judgment Dates: 4 April 2012

Catchwords

Shipping - Freight - Lien - General average - Vessel falling into hands of pirates - Shipowner declaring general average following payment of ransom releasing vessel - Claimant providing insurers' guarantee for part of cargo but refusing to provide general average security for whole of cargo - Shipowner exercising lien over cargo and seeking costs of storage and preservation - Arbitration tribunal finding shipowner entitled to exercise lien and recover costs of storage - Claimant appealing - Whether shipowner entitled to exercise lien over whole of cargo - Whether shipowner entitled to recover costs of storage of cargo.

The Case

Shipping Freight. The Commercial Court upheld a finding of an arbitration tribunal that the defendant shipowner had been entitled to exercise a lien over the whole of the claimant's cargo However, the defendant had not been entitled to recover storage costs for the cargo either as damages for breach of contract or as a result of its exercise of the lien.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases