Hercultio Maritime Limited & Ors. v Gunvor International BV & Ors.

Hercultio Maritime Limited & Ors. v Gunvor International BV & Ors.

The bills of lading incorporated the war risks and Gulf of Aden clauses but did not impose liability on bill of lading holders to pay insurance premiums. There were no clear express words excluding cargo owners' liability for general average contribution in the event of a ransom payment covered by insurance. The shipowner was not precluded from seeking contribution from cargo interests.

Parties
Claimant/respondent: Herculito Maritime Limited and Others; Defendant/appellant: Gunvor International BV and Others
Jurisdiction
England and Wales
Judgment Date
01 December 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment and Order
Outcome
appeal dismissed
Legal Topics
Incorporation of Charterparty Terms, General Average Contribution, Insurance Premium Allocation, Bill of Lading Construction, Piracy Risk Allocation
Maritime Law Insurance Law Contract Law Incorporation of Charterparty Terms General Average Contribution Insurance Premium Allocation Bill of Lading Construction Piracy Risk Allocation

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Parties

Herculito Maritime Limited and Others

Claimant/respondent

Gunvor International BV and Others

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment and Order

Legal Issues

  1. 1 Were the war risks and Gulf of Aden clauses incorporated into the bills of lading?
  2. 2 Did the shipowner agree not to seek general average contribution from cargo owners in the event of a ransom payment covered by insurance?

Ratio Decidendi

The bills of lading incorporated the war risks and Gulf of Aden clauses but did not impose liability on bill of lading holders to pay insurance premiums. There were no clear express words excluding cargo owners' liability for general average contribution in the event of a ransom payment covered by insurance. The shipowner was not precluded from seeking contribution from cargo interests.

Court Disposition

appeal dismissed

Orders

  • Appellants' appeal dismissed
  • Appellants to pay Respondents' costs of £95,000.00 by 4 p.m. on 15th December 2021