Trafigura Beheer BV v Navigazione Montanari SPA [2015] EWCA Civ 91 (18 February 2015)

Trafigura Beheer BV v Navigazione Montanari SPA [2015] EWCA Civ 91 (18 February 2015)

The ITL clause in the charterparty does not cover loss by piracy, as such loss is not 'incidental to the carriage of the cargo' but is excluded by the exceptions in clause 46, which incorporates the Hague-Visby Rules. Even if the ITL clause were construed to cover piracy, the owner would be exempt from liability by virtue of the Hague-Visby exceptions.

Citation
[2015] EWCA Civ 91
Parties
Appellant/charterer: Trafigura Beheer BV; Respondent/owner: Navigazione Montanari S.p.A.
Jurisdiction
England and Wales
Judgment Date
18 February 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Charterparty Interpretation, In Transit Loss Clause, Hague Visby Rules, Liability for Piracy, Exceptions Clauses
Commercial Law Shipping Law Charterparty Interpretation In Transit Loss Clause Hague Visby Rules Liability for Piracy Exceptions Clauses

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Parties

Trafigura Beheer BV

Appellant/charterer

Navigazione Montanari S.p.A.

Respondent/owner

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Does a loss by piracy fall within an 'In-Transit Loss' clause in a voyage charterparty?
  2. 2 Does the In-Transit Loss clause impose strict liability or is it subject to exceptions in clause 46?
  3. 3 Do the Hague-Visby Rules exceptions apply to claims under the ITL clause?

Ratio Decidendi

The ITL clause in the charterparty does not cover loss by piracy, as such loss is not 'incidental to the carriage of the cargo' but is excluded by the exceptions in clause 46, which incorporates the Hague-Visby Rules. Even if the ITL clause were construed to cover piracy, the owner would be exempt from liability by virtue of the Hague-Visby exceptions.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court upheld
  • No liability for owner for loss by piracy under ITL clause