Gard Marine and Energy Ltd & Anor v China National Chartering Company Ltd & Anor [2017]

Gard Marine and Energy Ltd & Anor v China National Chartering Company Ltd & Anor [2017] UKSC 35 —10 May 2017 (Lord Clarke)

“The rare concurrence of two individually not uncommon events (strong northerly gale and long waves) was an "abnormal occurrence" such that charterers were not in breach of the C/P safe port warranty (even if each event separately may have been characteristic of the port). Further, and in any event, the C/P joint insurance clause excluded rights of recourse between the parties, each of whom had agreed to look to insurers for indemnification rather than to each other in the event of total loss.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
10th May 2017