Court construes in-transit loss clause in voyage charterparty — Trafigura Beheer BV v Navigazione Montanari Spa (Valle di Cordoba)

The Commercial Court has recently considered the meaning of the expression ‘in-transit loss’ (ITL) in a voyage charterparty.

The Valle di Cordoba was attacked during the voyage by pirates, who forced the crew to transfer some of the motor oil cargo onto a lightering vessel and stole it. The court held that the transferred cargo was not ‘in-transit loss’ or ‘lost cargo’ within the meaning of the ITL clause in the charterparty. So the owners were not liable for the loss. The court further held that if it was wrong on this the owners could nonetheless rely on the protection of the charterparty exceptions clause, which incorporated the Hague-Visby Rules exceptions.

Ince & Co acted for the successful owners. The decision is important because of the nature of the alleged ITL that was claimed. In addition, if the owners had been held liable, they would have lost their P&I cover because of the standard provisions in club rules, providing that club cover is lost if owners agree to a regime that is more onerous for them than the Hague-Visby Rules regime…

Click on the link below to read the rest of the Ince & Co briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Ince & Co

View more briefings from Ince & Co

Analysis from The Lawyer

Overview

International House
1 St Katharine's Way
London
E1W 1AY
UK
http://incelaw.com/

Turnover (£m): 86.70
No. of lawyers: 273 (UK 200)
Offices: 11
Qualified lawyers (firm wide): 273
Qualified lawyers (UK total): 140
Qualified lawyers outside London: 133 (International 50)