Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2019]

Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2019] EWHC 481— 8 March 2019 (Teare J)

“Following a grounding on leaving a port, cargo interests contested Owners' claim for GA and salvage contribution. The Court found that Owners' passage plan was defective and the Master's decision to leave the fairway was imprudent. The former was held to be the operative cause, such that the Vessel was unseaworthy pursuant to Art. III r.1., depriving the Owners of an Art. IV r. 2 (a) defence and their claim to contribution. Although irrelevant to the outcome, the Judge dismissed cargo interests' argument that following "Volcafe", the burden of dis-proving causative unseaworthiness under Art. III r.1 lay on the carrier, stating that in his judgment, that decision was restricted to Art. III r.2.”

Louise Glover
E. G. Arghyrakis & Co.
13th March 2019