Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG and Ors (The “CMA CGM Verlaine”) – QBD (Com Ct)(Colin Edelman QC sitting as a Deputy Judge of the High Court) – 21 November 2012

Contract – Port operator agreeing to discharge damaged containers against letter of undertaking – Whether port operator entitled to charge uplift on basic tariff – Whether determination of charges only challengeable on basis of “Wednesbury” unreasonableness – Whether claimant required to provide detailed vouching of expenditure

Contract – Port operator agreeing to discharge damaged containers against letter of undertaking – Whether port operator entitled to charge uplift on basic tariff – Whether determination of charges only challengeable on basis of “Wednesbury” unreasonableness – Whether claimant required to provide detailed vouching of expenditure

On 4 April 2010 the container vessel CMA CGM Verlaine collided with another vessel at Izmit Bay, Turkey whilst en route to Evyap Port, Turkey, as a result of which a large number of containers stowed in the holds were damaged by sea water. It was subsequently agreed with the claimant, the operator of the port of Yilport in Turkey, that the vessel would discharge the damaged containers at Yilport.