Herculito Maritime Ltd & Ors v Gunvor International BV & Ors [2024] UKSC 2 (17 January 2024)

Following seizure of the “Polar” by Somali pirates, Owners paid a USD7m ransom, which they sought to recover from Cargo by way of GA contribution. Cargo argued that the C/P War Risk scheme and GoA clause, created an insurance ‘fund’ to be used by Owners in the event of piracy, precluding Owners from seeking reimbursement from Charterers (save as to premia), and that the same scheme was incorporated into the B/L, relieving Cargo from contribution obligations. The SC (upholding Courts below) ruled that the effect of incorporation was that Cargo had no responsibility for premia and were not relieved of the obligation to contribute.