Onego Shipping & Chartering BV v JC Arcadia Shipping (The “Socol 3”) – QBD (Com Ct)(Hamblen J) – 23 April 2010

Charterparty – NYPE form – Clause paramount – Deck cargo lost overboard – Charterers sustaining loss and damage - Whether Hague-Visby Rules applied – Whether owners negligent in loading cargo – Whether owners entitled to protection of clause 13(b)

The vessel Socol 3 was chartered on the NYPE form as amended for one time charter trip from Finland/Sweden intention Loviisa and Kokkola to Egypt/Med with timber products. The charterparty provided: