D/S A/S Idaho v. Colossus Maritime S.A. (The Concordia Fjord) - Q.B.D. (Com.Ct.) (Bingham J.) - 15 December 1983

Vessel ordered to unsafe port - Whether charterers relieved of liability on ground that charterparty required them to pay additional insurance premiums in respect of extra war risks

It will be recalled that in The Evia (No. 2) [1982] 2 Lloyd’s Rep. 307 the House of Lords held, inter alia , that clause 21 of the Baltime form operated as a complete code so that even though (apart from clause 21) the charterers might be in breach of the clause 2 safe port promise, nevertheless clause 21 when read with clause 2 threw upon the owners and their insurers all risks of unsafety which arose from the dangers of the nature referred to in clause 21(A) and thus freed the charterers from liability for them. Lord Roskill, who gave the leading speech, had said, inter alia :