MSC Mediterranean Shipping Co SA v Cottonex Anstalt - Court of Appeal (Moore-Bick and Tomlinson LJJ and Keehan J) [2016] EWCA Civ 789 - 27 July 2016

Carriageof goods by sea - Container demurrage - Consignee not collecting containerisedgoods from discharge port - Containers remaining at discharge port more thanthree years after discharge - Carrier claiming container demurrage from shipper - Whether carrier required to nominate place for redelivery - Whether carrierunder duty to mitigate - Whether contract frustrated - Whether carrier entitledto continuing demurrage

Between 7 April 2011 and 4 June 2011 the claimant carrier contracted with the defendant shipper to carry various parcels of cotton from Bandar Abbas and Jebel Ali to Chittagong. The cargo was shipped in three consignments under five bills of lading.