Actis Co. Ltd. v. The Sanko Steamship Co. Ltd. (The Aquacharm) - Court of Appeal (Lord Denning M.R., Shaw and Griffiths L.JJ.) - 15 October 1981

Vessel prevented from entering Panama Canal because excess draught - Delay and expenses incurred - Vessel not “unseaworthy” and not off-hire

In October 1971 the Aquacharm was time-chartered by Sanko on the NYPE form to carry a cargo of coal from Baltimore to Tokyo. The charterers ordered her to load up to the draught “permissible by the Panama Canal Company of 39 ft. 6 ins. TFW” [Tropical Fresh Water]. The master took on board 43,000 tons of coal but he failed to allow for the fact that the vessel’s bow would tend to go down relative to the stern when she passed from salt water to fresh water during the transit of the Canal.