Mediterranean Freight Services Ltd v BP Oil International Ltd (The “Fiona”) - Court of Appeal (Nourse, Hirst and Hoffmann LJJ) - 7 July 1994

Carriage of goods by sea - Whether shipowner can obtain indemnity under Article IV Rule 6 of Hague-Visby Rules even though he in breach of his obligations as to seaworthiness

On 31 August 1988 the plaintiffs’ tanker Fiona , which was on charter to the defendants, was preparing to discharge her cargo of fuel oil at New York when an explosion occurred in No 1 tank. Immediately before the explosion SGS and Saybolt surveyors had approached the tank, which was slack and only loaded to about 3.6% of its capacity, in order to take ullage soundings and temperature readings. The SGS surveyor inserted an unearthed electronic temperature probe, whereupon the tank exploded, causing the death of the Saybolt surveyor, and inflicting severe damage to the vessel.