In January 2023,  having loaded ammonium nitrate at a Sea of Azov port for the Black Sea, under an amended Gencon 94, the Vessel was halted at the Kerch Strait by the Russian Authorities, due to the nature of the cargo. Prolonged delay ensued, followed by eventual landing of the cargo at the load port. The Tribunal held that the interference was unforeseeable, thus not a breach of the safe port warranty.  Nevertheless damages for detention were payable under the incorporated Voywar 93 clause, Charterers having failed to act decisively (in particular by nominating an alternative discharge port).

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Integra sold a quantity of MTBE to Finco, delivery ex-ship ARA (in the event Amsterdam) within a specified 14 day window. By agreement, ex-ship was changed to CIF. Finco alleged repudiatory breaches by Integra on the bases that neither was the nominated ship, “Aramon”, suitable for the Amsterdam facility, nor was the cargo delivered within the agreed window, and sought recovery of their LC payment. The Court ruled that (a) Finco’s stance on suitability of “Aramon” was equivocal such that they could not rely on a repudiatory breach and (b) once changed to CIF, by reason of incorporated BP GTCs, the delivery window was no longer a strict one, such that late arrival did not constitute a repudiatory breach either.

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The Claimants alleged a collision between their fishing vessel and the Defendants’ oil tanker; the Defendants contested the claim, denying any collision, the Claimants failed to provide the ordered security for costs and the claim was struck out by the Court. The Defendants then sought an order for costs against the Claimants’ solicitors, on the basis of an (admitted) misrepresentation they acted for both the fishing vessel and its H&M insurer. The Court found that the Defendants had indeed incurred defence costs which they would not have incurred had they known the true position and ordered the solicitors to pay the Defendants assessed wasted costs in the amount of GBP127,500.

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A cargo of petcock cinder was found wetted in 4 holds, causing delay in discharge. The Tribunal had ruled that leaking and defective bilge system valves were to blame, and rejected Owners’ demurrage claim; Owners appealed under s68(2) (“serious irregularity”) on the basis (amongst others) that the Tribunal failed to comply with its general duty as its finding turned upon an unargued construction of a vessel defect list. Refusing the appeal, the Court held that a different interpretation from that of the parties is not an irregularity, particularly where this was not the Tribunal’s only reason for the finding, and nor was there any substantial injustice.

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The Court held that the unauthorised removal from a marina of an arrested vessel constituted a clear and serious contempt of court, emphasising the importance of arrest orders. The Court proceeded in the defendant’s absence and found the contempt proved. While no sentence was imposed at that stage, the Court indicated that a custodial sentence would be a realistic outcome, subject to any mitigation or steps taken (namely return of the vessel) to purge the contempt.

Two bulk carriers, the KIVELI and AFINA I, collided off the south coast of Greece, causing substantial damage to both. The Admiralty judge found that the COLREGS 1972 applied and allocated primary fault to the KIVELI (80:20). CA considered the challenge as to whether the encounter qualified as a “head on” situation under Rule 41 but upheld the trial decision, confirming that full visibility of sidelights is not required, and that vessels on reciprocal or near-reciprocal courses fall within the Rule. The CA clarified that Rule 14 obligations continue until the collision risk ends and noted that nautical assessors are not appointed as a matter of course on appeals, requiring parties to justify their necessity and scope. The appeal was dismissed.

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