The WLR Daily case summaries
[2016] WLR (D) 255
Supreme Court
NYK Bulkship (Atlantic) NV v Cargill International SA
[2016] UKSC 20
2015 Dec 1;
2016 May 11
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Toulson JJSC
Shipping— Charterparty— Time charter— Construction— Off-hire provision— Charterparty allowing sub-charters but charterers remaining ultimately liable for unloading of vessel at port of discharge— Charterparty stipulating that vessel off-hire if arrested save where arrest occasioned by act, omission or default of charterer or “agent” of charterer— Vessel arrested outside port of discharge as result of dispute between parties to sub-charter— Start of unloading delayed until dispute resolved— Shipowner claiming vessel not off-hire during period of delay as sub-charter parties deemed to be charterers’ agents— Whether sub-charter parties acting as charterers’ agents only during actual performance of discharging— Whether acts of sub-charter parties leading to arrest outside scope of agency — Whether charterers able to rely on off-hire provision
Ships’ names— Global Santosh