Herculito Maritime Ltd and others v Gunvor International BV and others

Herculito Maritime Ltd and others v Gunvor International BV and others

The charterparty did not create an insurance code or fund precluding the shipowner from claiming against the charterer or bill of lading holders for losses arising from risks for which additional insurance was obtained. All material parts of the war risk and Gulf of Aden clauses were incorporated into the bills of lading, but the obligation to pay insurance premia remained with the charterer and should not be manipulated to apply to bill of lading holders.

Parties
Respondents: Herculito Maritime Ltd and others; Appellants: Gunvor International BV and others
Jurisdiction
England and Wales
Judgment Date
17 January 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
General Average, Charterparty Interpretation, Bill of Lading Incorporation, War Risks, Insurance Code, Subrogation
Shipping Law Contract Law Insurance Law General Average Charterparty Interpretation Bill of Lading Incorporation War Risks Insurance Code +1 more

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Parties

Herculito Maritime Ltd and others

Respondents

Gunvor International BV and others

Appellants

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the shipowner was precluded from claiming against the charterer for losses arising out of risks for which additional insurance had been obtained under the charterparty clauses
  2. 2 Whether all material parts of the war risk and Gulf of Aden clauses were incorporated into the bills of lading
  3. 3 Whether the shipowner was precluded from claiming for such losses against bill of lading holders

Ratio Decidendi

The charterparty did not create an insurance code or fund precluding the shipowner from claiming against the charterer or bill of lading holders for losses arising from risks for which additional insurance was obtained. All material parts of the war risk and Gulf of Aden clauses were incorporated into the bills of lading, but the obligation to pay insurance premia remained with the charterer and should not be manipulated to apply to bill of lading holders.

Court Disposition

Appeal dismissed

Orders

  • The shipowner is entitled to claim against cargo interests for general average contribution.
  • No manipulation of charter clauses to substitute 'the Charterers' with 'the holders of the bill of lading'.