In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1)  EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J.
On or around 12 September 2006, the sub-charterers ordered the vessel, “Ocean Victory”, a Cape-size bulk carrier, to discharge a cargo of iron ore at Kashima, Japan. The vessel sought to leave the port during bad weather on the advice of sub-charterers’ representative at the port, a local experienced mariner. The immediate concern was that, in view of the weather conditions, there was a risk that she could not be restrained by her moorings and/or tugs. As she left the protection of the harbour, she encountered a severe northerly gale and considerable swell (as a result of long waves) in the Kashima Fairway; she was driven onto the breakwater, then ran aground and subsequently became a total loss.
For further details and analysis, please see the recent Reed Smith Client Alert by Marcus Dodds, William Howard, Daniel Jepson and Olga Newman.