AIC Ltd v Marine Pilot Ltd (The “Archimidis”) – Court of Appeal (Sir Anthony Clarke MR, Longmore LJ and Sir William Aldous) – 7 March 2008

Charterparty – Deadfreight – Vessel chartered to load cargo from “1 safe port Ventspils” – Charter requiring charterers to load minimum 90,000 mt and giving charterers option to load cargo by ship-to-ship transfer at anchor – Vessel tendering NOR to load maximum of 67,000 mt due to draft restrictions – Charterers tendering 93,410 mt cargo knowing vessel could not load more than 67,000 at berth – Whether charterers liable for deadfreight – Whether safe port warranty – Whether charterers in breach of warranty

(2008) 740 LMLN 1