Kodros Shipping Corpn. v. Empresa Cubana De Fletes (The Evia) - Court of Appeal (Lord Denning M.R., Ackner L.J. and Sir Sebag Shaw) - 5 February 1982

Shatt-al-Arab - Charterers not in breach of “safe port” warranty

The Evia was one of some 70 ships trapped in the Shatt-al-Arab waterway as a result of the Iran/Iraq war. She had been time-chartered on the Baltime form. When the charterers ordered her to Basrah to discharge a cargo of cement Basrah was a “safe port” because at that time there was no anticipation of hostilities affecting the port. The Evia berthed on 20 August 1980 and completed discharging cargo on 22 September 1980. On that day heavy fighting broke out in and around Basrah and the vessel was trapped. There were still 8 months of the charterparty left to run.