Portolana Compania Naviera Ltd v Vitol SA (The "Afrapearl") - Court of Appeal (Ward, Clarke and Laws LJJ) - 9 July 2004

Laytime - Asbatankvoy - Vessel discharging oil at sea pipeline - Vessel having to shift from pipeline berth to anchorage as a result of leakage in pipeline caused by gap in flange - Whether counted as time consumed by vessel in moving from discharge port anchorage to discharge berth - Whether owners only entitled to half-rate demurrage on basis that gap in flange constituted breakdown of equipment - Agency expenses

On 3 May 2001 the vessel Afrapearl was chartered on an amended Asbatankvoy form for the carriage of fuel oil from the US Gulf to Dakar. One parcel of cargo was to be discharged at the M'bao sealine. The relevant provisions of the charterparty were as follows: