CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena Primorsk Voyage Charter) [2022] EWHC 2147 – 12 August 2022 (Bird J)

In response to Owners’ demurrage claim under a Shellvoy 6, Charterers contended that in breach, the Vessel had left the discharge berth and refused to return. The Court upheld the Master’s decision finding that at all material times the berth left an unacceptable safety margin under the C/P (Q88) Under Keel Clearance policy, such that Owners could not be satisfied that the Vessel would discharge cargo always ‘safely afloat’ as required.  There was no breach by Owners.  Although not a necessary finding, the Court commented that almost certainly Charterers would have been in breach had they persisted in their orders.