Share on LinkedInShare on LinkedIn

ARTICLE · 06 JULY 2010

Shipping Update: Piracy Off-hire or not?

Clyde & Co
Explore more from Clyde & Co

In Cosco Bulk Carrier Co. Ltd. V Team-Up Owning Co. Ltd. (The "Saldanha") [2010] EWHC 1340, the High Court has ruled on whether detention by pirates entitled charterers to put the vessel off-hire.

United KingdomTransport
Andrew Preston
Andrew Preston
Nick Austin
Nick Austin
Author LinkedIn connections

In Cosco Bulk Carrier Co. Ltd. V Team-Up Owning Co. Ltd. (The "Saldanha") [2010] EWHC 1340, the High Court has ruled on whether detention by pirates entitled charterers to put the vessel off-hire.

The Facts

The bulk carrier "Saldanha" was time chartered on the NYPE form with additional clauses for a charter period of 47 to 50 months at US$52,500 per day. She was delivered into the charter in July 2008.

On 22 February 2009 the vessel was seized by Somali pirates in the Gulf of Aden whilst on a voyage carrying coal from Indonesia to Slovenia. Having been forced to sail to the waters off the Somali town of Eyl, the vessel was detained until 25 April when she was released by the pirates. She reached a position equivalent to the location on which she was seized on 2 May.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

A Guide For Businesses Considering Self-driving Fleets

Self-driving vehicles could transform commercial fleets, but the UK's new Automated Vehicles Act 2024 creates a complex regulatory framework that redistributes legal responsibility between fleet operators, vehicle occupants, and automated driving system providers. Before committing to significant investment in automated cars, vans, HGVs or passenger vehicles, general counsel and procurement teams must understand what the technology is legally authorised to do, who carries each responsibility
United KingdomTransport
Weightmans LLP
Weightmans LLP
Article

Supply Chain Market Update: Rates Hold High As Trucking And Air Stay Tight While Ocean Shows Early Signs Of Stabilizing

Transportation rates remain elevated across all major modes as capacity constraints persist in trucking and air freight, while ocean markets show early signs of stabilization following inventory front-loading activity. Despite some moderation from peak levels, rates across global shipping, air cargo, and North American trucking continue to run significantly above prior-year benchmarks due to ongoing network disruptions and structural capacity limitations.
United KingdomTransport
AlixPartners Asia LLC
AlixPartners Asia LLC
Article

UK Supreme Court Confirms Buyers’ Loss-of-bargain Damages Under The 2012 Norwegian Saleform

The UK Supreme Court has ruled on whether buyers can recover loss of bargain damages when cancelling a ship sale contract under the 2012 Norwegian Saleform due to a seller's late delivery caused by proven negligence. The decision clarifies the scope of compensation available under clause 14 when sellers miss the cancelling date, potentially exposing sellers to significant market-difference damages in rising markets.
United KingdomTransport
Bech-Bruun
Bech-Bruun
Article

Hostile UAS Operations: Aviation Resilience And Liability

Recent drone incidents at Leipzig/Halle Airport and in Lithuanian airspace have exposed critical vulnerabilities in European aviation security, raising complex questions about civil liability, State responsibility, and the adequacy of existing regulatory frameworks. As hostile UAS operations grow more sophisticated, airports and airlines must urgently reassess their contractual arrangements, insurance coverage, and operational resilience planning to address this evolving threat.
GlobalTransport
Burges Salmon LLP
Burges Salmon LLP