| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 18 (May) |
| Neutral Citation: | [2012] UKSC 17 |
| Court: | Supreme Court |
| Judge: | Lord Phillips P, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption SCJJ |
| Representation | Andrew Baker QC and Henry Byam-Cook (instructed by Thomas Cooper Solicitors) for the defendant. |
| Timothy Brenton QC (instructed by Ince & Co LLP) for the claimant. | |
| Judgment Dates: | 2 May 2012 |
Catchwords
Shipping - Time charterparty - Withdrawal of vessel for non-payment of hire - Cargo remaining on board vessel for 2.64 days - Shipowner making arrangements to remove cargo from vessel - Shipowner seeking payment for service of vessel and bunkers consumed during 2.64 days - Court of Appeal rejecting claim but allowing shipowner value of bunkers actually consumed in discharging cargo - Whether court erring.
The Case
Shipping Time charterparty. The Supreme Court, in allowing the claimant ship owner's appeal, held that, in circumstances where the owner had exercised its rights of withdrawal from a time charterparty and had then been responsible for unloading the cargo from the ship as the charterer had made no such arrangements, the instant case had fallen within the express indemnity clause in the charterparty and, further, the claim fell within the law of bailment.
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