Angara Maritime Ltd v Oceanconnect UK Ltd & another (The
Fesco Angara) [2010] EWHC619(QB)
This case concerns a familiar situation in time charters. A
bunker supplier provides bunkers to a time charterer, who has the
job of ordering bunkers under the time charter. The time charterer
does not pay. The bunker supplier looks to the shipowner to pay.
The supplier relies on his retention of title clause, saying that
the bunkers belong to him until he gets paid. In this situation,
the shipowner is often left holding the baby - especially if the
charterer disappears or goes bankrupt.
However, this is not always the case, as the Fesco
Angara shows.
Facts
The Fesco Angara was time chartered to Britannia
Bulkers. As time charterers, Britannia supplied the vessel with
bunkers. They entered into a contract of sale with bunker
suppliers, Oceanconnect. The sale contract contained a retention of
title clause saying that the suppliers would retain ownership until
they got
