Filikos Shipping Corporation of Monrovia v. Shipmair B.V. (The Filikos) - Court of Appeal (Sir John Donaldson, M.R., O’Connor and Dillon L.JJ.) - 27 October 1982

Effect of attaching Berth Standard Average clause to Baltime charter

The Filikos was chartered on the Baltime form, which contained a Berth Standard Average clause (clause 50). Some cargo was damaged on discharge as a result of the negligence of stevedores whose employment had been arranged and paid for by the charterers. The consignees of the damaged cargo claimed against the shipowners under the bill of lading and their claim was settled for $13,460. The owners sought to recover that sum from the charterers. The charterers contended that the effect of clause 50 was to make the owners responsible for damage to the goods, and that the charterers’ liability was limited to 10p per registered ton of the vessel, which amounted to £1,024. The owners argued that clause 50 did not place responsibility for loading and discharge on the owners and that the charterers should bear full liability for the damage. Clause 50 provided: