Alfred C. Toepfer Schiffahrtsgesellschaft G.m.b.H. v. Tossa Marine Co. Ltd. (The Derby) - Court of Appeal (Kerr and Croom-Johnson L.JJ. and Sir Denys Buckley) - 10 July 1985

Vessel entered time-chartered service vulnerable to ITF pressure tactics - Whether owners in breach of charter

The vessel Derby was time-chartered under the NYPE form. The vessel proceeded on a voyage to Leixoes in Portugal in May 1981. As a result of ITF pressure, the stevedores at Leixoes refused to discharge until various ITF demands had been met. The charterers suffered loss and expense as a result of the delay. They claimed that the owners were in breach of their obligations under the charter. Line 22 of the charterparty read: