Source: All England Reporter
Publisher Citation: [2002] All ER (D) 276 (Jul)
Court: Admiralty Court

David Steel J

Representation Timothy Brenton QC and Robert Thomas (instructed by Clyde & Co) for the claimants.
  Jeremy Russell QC and Timothy Hill (instructed by Holman, Fenwick & Willan) for the defendants.
Judgment Dates: 18 July 2002


Shipping - Bill of lading - Implied undertaking to use due diligence to make ship seaworthy - Goods lost as a result of vessel grounding - Whether grounding result of actionable fault by defendant owners - Whether ship unseaworthy.

The Case

An action by the claimant cargo interests against the owners of a vessel, which grounded in the Patagonian Channels, to recover the amount they were obliged to pay by way of salvage remuneration and general average security, failed on the facts; the defendant owners obtained judgment on their counterclaim for general average.

Practice Areas

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