Atkins International v. Islamic Republic of Iran Shipping Lines (The APJ Priti) - Court of Appeal (Parker and Bingham L.JJ. and Sir Denys Buckley) - 2 February 1987

Vessel damaged by missile while proceeding to Bandar Khomeini. Whether charterer in breach of safe berth warranty

The vessel APJ Priti was chartered on the Gencon form, which provided that the discharge port was to be “one or two safe berths Bandar Abbas, one or two safe berths Bandar Bushire, one or two safe berths Bandar Khomeini in charterers’ option”. Clause 16 provided that if, before loading, it appeared that performance of the contract would subject the vessel to war risks, the owners were entitled to cancel the charter. If they elected to proceed but it appeared that further performance would subject the vessel to war risks, cargo should be discharged at any safe port.