Trade Green Shipping Inc v. Securitas Bremer Allgermeine Versicherungs A.G. [2000] EWHC Commercial 104 (9th May, 2000)

Trade Green Shipping Inc v. Securitas Bremer Allgermeine Versicherungs A.G. [2000] EWHC Commercial 104 (9th May, 2000)

Rule XI(b) of the York-Antwerp Rules 1974 does not apply to the situation where the vessel has berthed at her port of discharge; the tug towage charges incurred after arrival at Aqaba were not 'port charges' within the meaning of the Rule, nor was there a detention as contemplated by the Rule. The charges are not allowable in general average under Rule XI(b).

Citation
[2000] EWHC Commercial 104
Parties
Claimant: Owners of the vessel Trade Green; Defendant: First defendants (cargo owners); Defendant: Second defendants (guarantors of cargo's proportion of general average)
Jurisdiction
England and Wales
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Claim for tug towage charges as general average disallowed under Rule XI(b).
Legal Topics
General Average, York Antwerp Rules, Port Charges, Detention, Salvage, Interpretation of Maritime Contracts
Maritime Law Commercial Law General Average York Antwerp Rules Port Charges Detention Salvage Interpretation of Maritime Contracts

Case Brief

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Parties

Owners of the vessel Trade Green

Claimant

First defendants (cargo owners)

Defendant

Second defendants (guarantors of cargo's proportion of general average)

Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether there was a detention within the port within the meaning of Rule XI(b) of the York-Antwerp Rules 1974 and the period of detention, if any
  2. 2 Whether the tug towage expenses are 'port charges' within the meaning of Rule XI(b)
  3. 3 Whether it is necessary to establish that tug towage expenses were intentionally and reasonably incurred for the common safety to claim them as port charges under Rule XI(b)

Ratio Decidendi

Rule XI(b) of the York-Antwerp Rules 1974 does not apply to the situation where the vessel has berthed at her port of discharge; the tug towage charges incurred after arrival at Aqaba were not 'port charges' within the meaning of the Rule, nor was there a detention as contemplated by the Rule. The charges are not allowable in general average under Rule XI(b).

Court Disposition

Claim for tug towage charges as general average disallowed under Rule XI(b).

Orders

  • Preliminary issues answered: 1. No; 2. No; 3. No, but such expenses can only be allowed if intentionally and reasonably incurred for common safety under Rule A; 4. Yes.