||All England Reporter
|| All ER (D) 276 (Jul)
David Steel J
||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.
||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.
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.
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