Clearlake Chartering USA Inc and Another v Petroleo Brasileiro SA (The “Miracle Hope” (No 2)) – QBD (Comm Ct) (Jacobs J) [2020] EWHC 805 (Comm) – 31 March 2020

Practice – Mandatory injunction – Letter of indemnity – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling voyage sub-charterers to provide security to enable release of vessel – Whether voyage sub-charterers liable on indemnity – Whether mandatory injunction should be granted

On 12 March 2020 Natixis Bank (Natixis) arrested the VLCC Miracle Hope in Singapore on the basis of alleged misdelivery of a cargo of oil carried from Brazil to China. Natixis sued the registered owner of the vessel, Ocean Light Shipping Inc (Ocean Light), claiming to be the holder of the bills of lading.