Marc Rich & Co AG v Bishop Rock Marine Co Ltd (The “Nicholas H”) - Court of Appeal (Balcombe, Mann and Saville LJJ) - 3 February 1994

Whether Classification Society can owe duty of care to cargo owners

The vessel Nicholas H was on a laden voyage from South America to Italy when she was found to have cracks in her hull. She anchored off San Juan, Puerto Rico. Arrangements were made for her classification society, Nippon Kaiji Kyokai (“NKK”), to survey the vessel at anchor. The surveyor recommended that repairs be carried out at the nearest port prior to sailing to Italy, and that the vessel be retained as classed subject to those conditions. The recommendation would have involved permanent repairs, for which facilities were available locally.