Lloyd's Maritime Law Newsletter
Trafigura Maritime Logistics Pte Ltd v Clearlake Shipping Pte Ltd (The MT Miracle Hope) –  EWHC 2234 (Comm), King’s Bench Division, Commercial Court (His Honour Judge Pelling KC, sitting as a High Court Judge) – 3 October 2022
Carriage of goods – Charterparty and sub-charter – Discharge of cargo without bills of lading – Vessel arrested by lending bank – Claim by carrier for indemnity – Whether indemnity required by terms of charterparty – Construction of indemnity clause – Effect of novation of charter – Measure of damages
By a voyage charter by a fixture recap dated 21 August 2019, Trafigura chartered their vessel
Miracle Hope to Clearlake Chartering USA Inc (CUSA) to carry a cargo of crude oil from two ports in Brazil to three points in the Far
East. On the same day CUSA as disponent owners sub-chartered the vessel to Petroleo Brasileiro SA (PBSA). Both the voyage
charter and the sub-charter incorporated an amended version of the Shellvoy 6 voyage charterparty form.
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