Alianca Navegacao E Logistica LTDA v Ameropa SA [2019]

Alianca Navegacao E Logistica LTDA v Ameropa SA [2019] EWHC 3152 — 22 November 2019 (Andrew Henshaw QC)

“Charterers under an amended Synacomex CP, disputed demurrage, alleging that Owners' delay on the voyage/failure to ventilate the grain cargo/disinfect topsides caused cargo damage and infestation, prolonging discharge. The Court found that Owners were free to and did select a usual and reasonable route but although in breach of warranted speed, there was no specific resulting damage. Conversely the failures to ventilate and disinfect both constituted breaches of Owners' Hague Visby Rules Article Ill r2 duties and caused increased 'crust' and infestation respectively, giving rise to identifiable delays, to the extent of which Charterers were relieved from demurrage liability.”

Hanna Szerszen
E. G. Arghyrakis & Co.
18th December 2019