Trafigura Beheer BV v Navigazione Montanari SPA

Trafigura Beheer BV v Navigazione Montanari SPA

Loss by piracy does not constitute 'in transit loss' within the meaning of the ITL clause, which covers losses incidental to carriage on a normal voyage; even if it did, clause 46 applies to exempt the owner from liability under the Hague-Visby Rules.

Parties
Appellant/charterer: Trafigura Beheer BV; Respondent/owner: Navigazione Montanari S.p.A.
Jurisdiction
England and Wales
Judgment Date
18 February 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Charterparty Interpretation, In Transit Loss Clauses, Hague Visby Rules, Carrier Liability, Piracy Exclusion
Commercial Law Maritime Law Charterparty Interpretation In Transit Loss Clauses Hague Visby Rules Carrier Liability Piracy Exclusion

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Parties

Trafigura Beheer BV

Appellant/charterer

Navigazione Montanari S.p.A.

Respondent/owner

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether loss by piracy falls within an 'In-Transit Loss' clause in a voyage charterparty
  2. 2 Whether the exceptions clause (clause 46) applies to exclude owner liability for such loss

Ratio Decidendi

Loss by piracy does not constitute 'in transit loss' within the meaning of the ITL clause, which covers losses incidental to carriage on a normal voyage; even if it did, clause 46 applies to exempt the owner from liability under the Hague-Visby Rules.

Court Disposition

Appeal dismissed

Orders

  • Judge's order upheld
  • Owner not liable for loss by piracy under ITL clause