Adelfamar S.A. v. Mangimi & Martini S.p.A. (The Adelfa) - Q.B.D. (Com.Ct.) (Evans J.) - 19 February 1988

Whether shipowners entitled to indemnity from charterers for costs incurred by cargo receivers’ unjustified arrest of vessel

The plaintiffs’ vessel Adelfa was voyage-chartered for the carriage of maize to Tripoli. She arrived on 21 August 1981. No discharging berth was available until 19 October. Laytime expired on 12 September. On 20 October, the receivers refused to take delivery of the cargo. They complained about wet-damage to the maize. On 28 October the receivers arrested the ship. On 2 November the local authorities imposed a ban on the loading of the maize. On 26 November the local court upheld the receivers’ claim and imposed liability on the plaintiffs for $3.7 million - the full value of the cargo.