Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') [2019]

Court of Appeal

27 Mar

Written By Louise Glover

Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') [2019] EWCA Civ 388 —14 March 2019 (Sir Geoffrey Vos, Simon LJ, Coulson LJ)

“The Court upheld the first instance decision that article IV r2(b) exempts the carrier from liability if the fire was caused deliberately or barratrously (meaning without the actual fault or privity of the carrier). The appellants tried in vain to … — “The Court upheld the first instance decision that article IV r2(b) exempts the carrier from liability if the fire was caused deliberately or barratrously (meaning without the actual fault or privity of the carrier). The appellants tried in vain to infer that barratry would be incompatible with fault or neglect of the crew (here the chief engineer) but the Court found no basis for justifying such conclusion.”
Antonino Cordopatri
E. G. Arghyrakis & Co.
27th March 2019

Louise Glover

Singapore Arbitration 2/19

London Arbitration 8/19

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