On 26 March 2018 Mr Justice Knowles in the “ACONCAGUA BAY” ([2018] EWHC 654 (Comm)) determined that the berth warranty 'always accessible' must mean the vessel must be able to enter and leave the berth.
The finding now provides a distinct difference between a warranty by charterers that a berth will be 'reachable on arrival' (only refers to arrival) and a warranty that the berth will be 'always accessible' (refers to arrival and departure); as well as affirming the BIMCO and Baltic laytime defintion for 'always accessible'.