Macieo Shipping Ltd v Clipper Shipping Lines Ltd (The ‘Clipper Sao Luis’) - QBD (Com Ct)(David Steel J) - 7 April 2000

Vessel delayed by fire in hold caused by stevedore’s negligence - Whether time-charterers liable to shipowners for costs resulting from fire - Whether charterparty containing warranty of competence

The vessel Clipper Sao Luis was chartered on the NYPE form as amended. The charterers were employing the vessel in their liner service for general and container cargoes between West Africa and South America. The vessel had called at Cotonou where she had loaded a part cargo of baled cotton into Hold No.5. Although most of the cotton had been stuffed in containers, there were some 536 loose bales, the majority of which were stowed in the after half of the lower hold of Hold No.5. Having proceeded via Abidjan, the vessel arrived in Rio de Janeiro on 14 February 1997. At Rio, there were cargo operations which involved the loading of bags of Ferro Silicon and of Ferro Manganese in Hold No.5. Cargo operations were completed at 0958 hours on 19 February, and the vessel was awaiting the arrival of the pilot when fire was discovered in Hold No 5. It took until 12 March to contain the fire, discharge the burnt cotton bales and other cargo, and re-load the undamaged cargo. The vessel was delayed for a further two days for reasons unconnected with the fire, and eventually sailed on 14 March.