The UK Supreme Court has today handed down its much
anticipated judgment in the matter of the "OCEAN VICTORY"
(Gard Marine and Energy Limited v China National Chartering
Company Limited and Daiichi Chuo Kisen Kaisha (2017)).
The Supreme Court dismissed the appeal and unanimously upheld
that the UK Court of Appeal was correct in its approach to the
assessment of the safety of the port of Kashima in Japan, and its
finding that the port was safe. It also upheld by a majority
the Court of Appeal's decision on whether the bareboat
charterers had any right to bring a claim.
Background/Facts
In October 2006, The "OCEAN VICTORY", a Capesize
vessel carrying iron ore, attempted to leave the port of Kashima,
Japan, in a gale. Whilst sailing from the port, the vessel ran
aground and later broke apart. This resulted in a claim against
charterers for an alleged breach of the safe port warranty in the
charterparties.
