Alianca Navegacao E Logistica LTDA v Ameropa SA [2019] EWHC 3152 (Comm) (22 November 2019)

Alianca Navegacao E Logistica LTDA v Ameropa SA [2019] EWHC 3152 (Comm) (22 November 2019)

Alianca was not in breach of contract for taking the Cape Horn route, as it was a usual and reasonable route for the voyage. The vessel proceeded with all convenient speed and there was no failure to ventilate when safe and permitted. The cargo damage and delays were not caused by any fault of Alianca, and demurrage is payable by Ameropa.

Citation
[2019] EWHC 3152 (Comm)
Parties
Claimant: Alianca Navegacao e Logistica Ltda; Defendant: Ameropa SA
Jurisdiction
England and Wales
Judgment Date
22 November 2019
Procedural Posture
Commercial Court Trial / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Demurrage, Charterparty Interpretation, Cargo Care, Deviation, Ventilation of Hygroscopic Cargo, Hague Visby Rules
Shipping Commercial Law Demurrage Charterparty Interpretation Cargo Care Deviation Ventilation of Hygroscopic Cargo Hague Visby Rules

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Parties

Alianca Navegacao e Logistica Ltda

Claimant

Ameropa SA

Defendant

Procedural Posture

Commercial Court Trial / Judgment After Trial

Legal Issues

  1. 1 Was the route taken by the vessel a breach of contract or deviation?
  2. 2 Did the vessel fail to proceed with all convenient speed or at warranted speed?
  3. 3 Was the cargo properly ventilated in accordance with a sound system?

Ratio Decidendi

Alianca was not in breach of contract for taking the Cape Horn route, as it was a usual and reasonable route for the voyage. The vessel proceeded with all convenient speed and there was no failure to ventilate when safe and permitted. The cargo damage and delays were not caused by any fault of Alianca, and demurrage is payable by Ameropa.

Court Disposition

Claim allowed

Orders

  • Ameropa to pay Alianca discharge port demurrage of US$757,561.66
  • Ameropa to pay interest and costs as assessed