Herculito Maritime Ltd & Ors v Gunvor International BV & Ors "POLAR" [2021] EWCA Civ 1828 – 1 December 2021 (Jackson LJ, Males LJ, Sir Patrick Elias)

The M.T. “Polar” laden with cargo pursuant to a voyage charter, was seized by pirates in the Gulf of Aden until a ransom was paid on behalf of Owners. The C/P, which was incorporated into the B/Ls, contained a “Gulf of Aden” clause making charterers liable for additional war risk premiums (‘awrp’). Resisting Owners’ claim for GA contribution, the defendant Cargo Interests argued that the effect of the “Gulf of Aden” Clause on the B/L was that Owners could look only to their insurers and not Cargo Interests for recovery of the ransom. The CA upheld the High Court, ruling that although the clause was incorporated into the B/Ls for other purposes, it did not make Cargo Interests liable for awrp and could not therefore have the effect of contended for, so as to excuse them from GA contribution.