Source: All England Reporter
Publisher Citation: [2002] All ER (D) 176 (Jan)
Neutral Citation: [2002] EWHC 24 (Comm)
Court: Commercial Court
Judge:

Andrew Smith J

Representation Richard Mawrey QC and Stewart Buckingham (instructed by Duval Vassiliades) for the claimants.
  Nigel Jacobs (instructed by Clyde & Co) for the defendants.
Judgment Dates: 24 January 2002

Catchwords

Marine Insurance - Loss - Indemnity - Loss of freight attributable to unseaworthiness - Vessel failing to complete voyage after suffering engine problems - Whether on facts vessel unseaworthy at commencement of voyage - ss 39(1), 39(3).

The Case

A claim under a policy of marine insurance in respect of cover for loss freight was dismissed, on the basis that the vessel had been unseaworthy under s39 of the owing to problems with the turbocharger casing and the generators.

Practice Areas

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