Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc (The “Reborn”) – Court of Appeal (Lord Clarke of Stone-cum-Ebony MR, Rix and Carnwath LJJ) – 10 June 2009

Charterparty – Specific load port named in voyage charter – Port containing several berths to which vessel could be directed to load – Vessel sustaining damage while berthing – Whether charterparty containing implied term that charterers must nominate safe berth

The vessel Reborn was chartered on an amended Gencon form for the carriage of a cargo of cement from Chekka, Lebanon to Algiers. The owners alleged that damage was sustained to the vessel’s hull as a result of contact with an underwater projection at the loading berth at Chekka.