AIC LTD v MARINE PILOT LTD (THE “ARCHIMIDIS”)
[2008] Lloyd's Rep. Plus 29
COURT OF APPEAL(CIVIL DIVISION)
Before Sir Anthony Clarke MR Lord Justice Longmore and Sir William Aldous
Charterparty (Voyage) – Deadfreight
– Vessel chartered to load cargo from “one 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 formally
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 need for
lightering can render port unsafe.