In brief - UK court considers meaning and effect of Rule
D of the York-Antwerp Rules
Mr Justice Teare's decision in MT
"Cape Bonny" Tankschiffahrts GmbH & Co KG v Ping An
Property and Casualty Insurance Company of China Limited, Beijing
Branch [2017] EWHC 3036 has clarified some long unresolved
questions of burden of proof in general average.
Insurer denies liability to pay contribution to general
average alleging vessel owners failed to exercise due
diligence
The oil tanker "Cape Bonny" suffered an engine
breakdown in July 2011 whilst undertaking a voyage from Argentina
to China. At the time, making matters more difficult, she was
attempting to avoid the effect of a typhoon. Towage was arranged
and as she was not permitted to enter a Japanese port of refuge,
she was towed to South Korea where cargo was transferred to another
vessel. She was then towed to sea again to avoid another typhoon
before returning to South Korea for repairs.
