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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

30/06/2010

COSCO BULK CARRIER CO LTD and TEAM-UP OWNING CO LTD (2010) EWHC 1340 (Comm) (The Saldanha)

This is an archived article, and some links may not work. Contact us if you have any questions.

In an important ruling for the maritime industry Mr Justice Gross has upheld the unanimous decision of an eminent arbitration tribunal that a vessel chartered on the New York Produce form which was seized by pirates remained on hire whilst under the control of the pirates.


The Judge held as follows:


  1. Capture of the vessel by pirates could not properly be described as an “accident”.

  2. Damage to the ship is an essential ingredient of an “average accident…to ship”.

  3. The expressions “default of men” does not encompass inadvertent or negligent errors by the crew and its meaning is restricted to a wrongful refusal by the crew to perform their duties.

  4. A failure or inability of the officers and crew to perform their duties in circumstances where they were under duress by the pirates falls outside the scope of the sweep-up provision (“by any other cause preventing the full working of the vessel”).

  5. Seizure by pirates is a “classic example” of a totally extraneous cause that falls outside the scope of the off-hire clauses.

The successful owners were represented by Andrew Baker QC instructed by Ince & Co.


Click here to see judgment.

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