The Antonis P Lemos - House of Lords (Lord Scarman, Lord Diplock, Lord Roskill, Lord Brandon and Lord Templeman) - 21 February 1985

Admiralty jursidiction in rem - Claim framed in negligence - Whether claim arising out of an agreement relating to the use of a ship

By a charterparty dated 16 October 1981 the vessel Antonis P Lemos was sub-chartered to the respondents by disponent owners. On 21 September 1981 the respondents had voyage-chartered the vessel to Agri Industries. Under this voyage charter the respondents guaranteed that the vessel’s draft at the discharge port would not exceed 32 feet. The draft exceeded 32 feet on arrival and the respondents suffered loss. The respondents arrested the Antonis P Lemos . The writ was endorsed with a claim for damages suffered by reason of the shipowners’ negligence in causing or permitting cargo to be loaded such that the vessel’s draft exceeded 32 feet on arrival at the discharge port.