Losinjaska Plovidba v Transco Overseas Ltd and Others (The “Orjula”) - QBD (Com Ct) (Mance J) 14 June 1995

Negligence - Whether duty of care owed by supplier of drums of chemicals to bareboat charterer of vessel on which drums were shipped - Whether contamination of vessel by leaking chemicals constituted “damage” - Whether cause of action based on economic loss should be struck out under principles laid down in Murphy v Brentwood District Council

The plaintiff was the bareboat charterer of the vessel Orjula . The vessel loaded two containers containing drums of chemicals. During the course of the carriage one of the containers was discovered to be leaking. The containers were discharged at an intermediate port, but before the vessel could sail from the intermediate port it was necessary to decontaminate her deck and hatch covers. The plaintiff brought proceedings to recover inter alia the costs of decontaminating the vessel and certain other costs incurred in relation to the decontamination and transportation of the containers and drums at the intermediate port.