Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Ltd [2017]

Court of Appeal
Written By Louise Glover

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Ltd [2017] EWCA Civ 2107 — 13 December 2017

“In interpreting the meaning of the word "act" in clause 8(d) of the ICA (apportionment of liability on a 50-50% basis unless the claim arose out of the act or neglect of one of the parties), the Court of Appeal held that clause 8 is concerned with …

“In interpreting the meaning of the word "act" in clause 8(d) of the ICA (apportionment of liability on a 50-50% basis unless the claim arose out of the act or neglect of one of the parties), the Court of Appeal held that clause 8 is concerned with causation rather than culpability. The critical question is: does the claim "in fact" arise out of the act, operation or state of affairs described? It does not depend upon legal or moral culpability. In the present case, prolonged stay at anchor damaged the cargo and Charterers had to share liability irrespective of whether ordering the vessel to wait at anchor was culpable or not.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
20th December 2017

Louise Glover
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