GREAT ELEPHANT CORPORATION v TRAFIGURA BEHEER BV (THE “CRUDESKY”)

[2014] 1 Lloyd's Rep. 1

COURT OF APPEAL

Before Lord Justice LONGMORE,Lord Justice TOMLINSON,Lord Justice UNDERHILL

Charterparty (Voyage) – Demurrage – Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil – Whether charterers liable to pay demurrage at full or half rate – “Restraint of princes” – Whether cause of delay within “reasonable control of Charterers” – BPVOY3 form, clause 21. – Sale of goods (fob) – Whether buyers entitled to pass on demurrage liabilities to sellers – Whether sellers in breach of express or implied terms of contract – Whether sellers entitled to rely on force majeure exception – Whether cause of delay within “reasonable control of either party” – Whether unlawful act of Government minister broke chain of causation – Sale of Goods Act 1979, section 12(2)(b).