Timothy Young QC, Daniel Bovensiepen and Belinda McRae appear in Supreme Court on 1-2 December 2015
Daniel Bovensiepen acts for the Appellants/Charterers (along with Simon Rainey QC of Quadrant Chambers) and Timothy Young QC and Belinda McRae act for the Respondents/Owners in Cargill International SA v NYK Bulkship (Atlantic) NV (The “Global Santosh”) (UKSC 2014-0143).
The Court of Appeal's decision (reported at  2 Lloyd's Rep. 103) was notable for the potentially wide ranging ramifications in the time charter market of the extensive meaning that the Court attributed to the phrase “Charterers or their agents", particularly in the context of vessel arrests.
The appeal before the Supreme Court has two aspects:
(1) Were the acts, omissions and/or defaults of Transclear and/or IBG relied on by NYK in relation to the arrest of the Vessel, acts, omissions or defaults of “Charterers or their agents” within clause 49 of the Charter, assuming they did not occur in the course of performance of any obligations of Cargill under clause 8 of the Charter?
(2) (If it matters), did those acts, omissions or defaults, in the case of (a) Transclear and/or (b) IBG, occur in the course of performance of any obligations of Cargill under clause 8 of the Charter?
The appeal will be heard by Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption and Lord Toulson.