AIC Ltd v Marine Pilot Ltd [2007] EWHC 1182 (Comm), [2007] All ER (D) 280(May)
Queen’s Bench Division (Commercial Court)
Gloster J
17 May 2007
The phrase “1 safe port Ventspils” in an amended Asbatankvoy form is not merely a mutual agreement between the owner and charterer that the port is in fact safe, but a warranty by the charterer; moreover, a port can be rendered unsafe because of a need for lightering to get into or out of it. “Safely” means “safely as a laden ship”; there can be no distinction between loading and discharging.
Steven Berry QC and Edmund King (instructed by Holman Fenwick) for the claimant. Timothy Young QC (instructed by Eversheds) for the defendant.
The proceedings concerned a charter substantially on the Asbatankvoy form and incorporating the charterer’s standard terms. The vessel was an Aframax oil tanker. The voyages were to load gasoil “1 safe port Ventspils” with discharge to various ports in named locations. A dispute arose concerning the sixth voyage, when the vessel arrived at Venspils to load a cargo. Due to previous weather conditions, the dredged channel had silted up.
Because
