C V Scheepvaartonderneming Flintermar v Sea Malta Company Ltd

C V Scheepvaartonderneming Flintermar v Sea Malta Company Ltd

Where, by special accord, charterers’ stevedores handle hatch pontoons as an integral part of cargo operations without extra cost to owners, and the injury is caused by their negligence, the charterers are liable for damages for breach of contract under clauses 4 and 13, and clause 48 does not override this responsibility.

Parties
Appellant/claimant/owner: C. V. Scheepvaartonderneming Flintermar; Respondent/defendant/charterer: Sea Malta Company Ltd
Jurisdiction
England and Wales
Judgment Date
25 January 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed; cross-appeal dismissed; judgment for owners
Legal Topics
Time Charter, Liability for Negligence, Damages for Breach of Contract, Stevedores' Negligence, Allocation of Responsibility Under Charterparty
Maritime Law Contract Law Time Charter Liability for Negligence Damages for Breach of Contract Stevedores' Negligence Allocation of Responsibility Under Charterparty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

C. V. Scheepvaartonderneming Flintermar

Appellant/claimant/owner

Sea Malta Company Ltd

Respondent/defendant/charterer

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether injury to ship’s chief officer was responsibility of owners or charterers under the time charter
  2. 2 Whether hatch operations were part of loading/discharging for which charterers are responsible
  3. 3 Effect of special accord between parties on allocation of responsibility

Ratio Decidendi

Where, by special accord, charterers’ stevedores handle hatch pontoons as an integral part of cargo operations without extra cost to owners, and the injury is caused by their negligence, the charterers are liable for damages for breach of contract under clauses 4 and 13, and clause 48 does not override this responsibility.

Court Disposition

appeal allowed; cross-appeal dismissed; judgment for owners

Orders

  • Judgment for appellants in the principal sum of €220,924.46 and €26,284.58, plus interest of €31,808.13
  • Respondents to pay their own and appellants’ costs, subject to detailed assessment if not agreed