This article considers the recent decision of the Admiralty Judge, Nigel Teare J., on a major claim against time charterers for breach of a safe port warranty.

The vessel “OCEAN VICTORY”, a relatively new Capesize, was totally lost whilst attempting to leave the Japanese port of Kashima. In the course of giving judgment in favour of the owners the court dealt with some fundamental questions as to the nature of the safe port warranty. The case also contains an important decision as to the right of an underwriter to exercise rights of subrogation against a co-assured.

Please click here to read the article.