Terminal Contenitori Porto Di Genova Spa v China Shipping Container Lines Ltd

Terminal Contenitori Porto Di Genova Spa v China Shipping Container Lines Ltd

The vessel was negligently moored due to inadequately tensioned moorings, which was the effective cause of the lines rendering and the vessel being blown off the berth. The re-berthing operation was carried out negligently, resulting in the vessel striking crane PT4 and causing damage. The berth was not unsafe, and there was no contributory negligence by the Terminal. The Terminal is entitled to recover the claimed repair costs, business interruption expenses, and survey fees, but not the claimed interest rate.

Parties
Claimant: Terminal Contenitori Porto di Genova SpA; Defendant: China Shipping Container Lines Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2014
Procedural Posture
Commercial Claim / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Negligence, Unsafe Berth, Mooring Operations, Contributory Negligence, Quantum of Damages
Maritime Law Contract Law Tort Law Negligence Unsafe Berth Mooring Operations Contributory Negligence Quantum of Damages

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Parties

Terminal Contenitori Porto di Genova SpA

Claimant

China Shipping Container Lines Limited

Defendant

Procedural Posture

Commercial Claim / Judgment

Legal Issues

  1. 1 Was the vessel negligently moored and was this the cause of the vessel being blown off the berth?
  2. 2 When did the vessel strike the crane?
  3. 3 Was the re-berthing operation carried out negligently?

Ratio Decidendi

The vessel was negligently moored due to inadequately tensioned moorings, which was the effective cause of the lines rendering and the vessel being blown off the berth. The re-berthing operation was carried out negligently, resulting in the vessel striking crane PT4 and causing damage. The berth was not unsafe, and there was no contributory negligence by the Terminal. The Terminal is entitled to recover the claimed repair costs, business interruption expenses, and survey fees, but not the claimed interest rate.

Court Disposition

Judgment for the Claimant

Orders

  • Terminal Contenitori Porto di Genova SpA is entitled to judgment in the principal sum of €1,546,277.94.
  • Survey fees and business interruption expenses are recoverable.