LD Seals NV v Mitsui OSK Lines Ltd (The “Darya Tara”) - QBD (Com Ct)(Mance J) - 9 October 1996

NYPE charter providing that deck cargo can be loaded at charterers’ risk and expense - Disponent owners incurring various heads of loss as a result of having to put into port of refuge after deck cargo shifted in heavy weather - Extent of losses recoverable by disponent owners from charterers

The vessel Darya Tara was chartered on the NYPE form by disponent owners for a time charter trip. Cargo was loaded on deck as well as in her holds. The vessel met heavy weather on passage and her cargo shifted when she was abeam Ushant. She put into Brixham to restow the relevant items. She then resumed the voyage and was back in an equivalent position some 4 days after the shifting had been noted.