Navig8 Chemicals Pool Inc v Glencore Agriculture BV (The “Songa Winds”) – Court of Appeal (Sir Geoffrey Vos C, Simon and Asplin LJJ) [2018] EWCA Civ 1901) – 21 August 2018

Contract – Letter of indemnity – Cargo delivered without production of bill of lading against LOI – Shipowner bringing claim under LOI – Clause 38 of voyage charter providing that period of validity of any letter of indemnity to be three months from date of issue – Whether clause 38 incorporated into LOI – Whether shipowners’ claim under LOI time-barred

The vessel Songa Winds was an oil and chemical tanker owned by Songa Chemical AS (head owners). Under a pool agreement dated 27 November 2013 she was time-chartered to Navig8, on time charter terms based on an amended Shelltime 4 form (the time charter).