AIC LTD v MARINE PILOT LTD (THE “ARCHIMIDIS”) [2008] EWCA Civ 175

[2008] 1 Lloyd's Rep. 597

COURT OF APPEAL

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.