BMT MARINE AND OFFSHORE SURVEY LTD V LLOYD WERFT BREMERHAVEN GMBH (THE M/V "CALA PALMA")

[2011] EWHC 32 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Simon, 24 January 2011

Contribution - German law - Fire damage to ship undergoing hot works at shipyard - Insurer and shipowner suing surveyor - Whether surveyor entitled to contribution from shipyard - Civil Liability (Contribution) Act 1978

In the present action, a surveyor claimed against a shipyard, seeking contribution or indemnity for any liability that it was found to have against the insurers and shipowners of Cala Palma, a ship that caught fire at the shipyard while undergoing hot works. The insurers and shipowners had in a separate action against the surveyor for damages claimed that the surveyor had failed to exercise reasonable skill and care in the performance of the survey, in particular in its review of hot works procedures. The shipowners and the yard were both named assureds in the policy. Italian law applied to the policy and the contract under which the yard had received the ship for repairs was subject to German law.