Tor Line A/B v. Alltrans Group of Canada (The TFL Prosperity) - Q.B.D. (Com.Ct.) (Bingham J.) - 20 January 1982

Arbitration award - Leave to appeal - When appeal should be heard

A dispute had arisen over the ro-ro vessel TFL Prosperity chartered by Alltrans to Tor Line on an amended Baltime 1939 form. In brief, the charterers had claimed damages for breach of warranty in that the vessel as supplied did not have the free height on the main deck which was stipulated in the charterparty. As a result, the charterers complained that they were unable to load double stacked containers on trailers, and had thereby suffered loss.