Gard Marine & Energy Ltd v China National Chartering Co Ltd (The “Ocean Victory”) [2017] UKSC 35

The Ocean Victory: Supreme Court decisionThe Ocean Victory: the facts The case arose from the grounding of the vessel Ocean Victory in the port of Kashima in Japan on 24 October 2006. The vessel was a Capesize bulk carrier, built in China in 2005.

By entering into a demise charterparty dated 8 June 2005 on an amended Barecon 89 form, the vessel’s owners OVM chartered the vessel to its related company OLH. On 2 August 2006 OLH time-chartered the vessel to Sinochart and on 13 September 2006, Sinochart in turn sub-chartered her to Daiichi for a time charter trip.