Vitesse Yacht Charters SL and Ors v Spiers and Anr (The "Deverne II") - QBD (Admlty Ct) (Gross J) - 14 October 2003

Charterparty - Charter of leisure yacht to one or other or both defendants - Yacht damaged by grounding while approaching harbour - Whether disponent owners represented to defendants that vessel would be fully insured in respect of consequential loss - Whether defendants liable for damages for loss of use during period of repair

The first claimants ("Vitesse") were the disponent owners of the motor yacht Deverne II, which was based at Mallorca. Vitesse chartered the yacht to one or both of the defendants, Miss Spiers and Mr Becker, for a week's holiday cruising between 30 June and 6 July 2001. On 2 July 2001 the vessel grounded outside the entrance channel to the harbour of Port Mahon, Menorca, and sustained extensive damage. Repairs to the vessel took until 19 October 2001 to complete. The claimants sued the defendants for damages for loss of use during the period of repair. Shortly before the trial both defendants admitted negligence with regard to the grounding. At the time of the grounding Miss Spiers was at the helm and Mr Becker was not on board. He was on the vessel's jet ski proceeding ahead of the vessel.