Unsafe Port - Further clarification in Ocean Victory case by Supreme Court of the UK, 10 May 2017

The judgment Gard Marine & Energy Limited (Appellant) v China National Chartering Co Ltd and another (Respondents) [2017] UKSC 35, was handed down on 10 May 2017, in relation to the "Ocean Victory" vessel.

The bulk carrier "Ocean Victory" had been time chartered by the bareboat charterers, and then sub-time chartered pursuant to charter parties containing a safe port warranty by which the charterers had undertaken to trade the vessel between safe ports.

The vessel had been chartered to carry a cargo of iron ore from South Africa to Kashima in Japan where she had begun to discharge her cargo but had to stop due to strong winds and heavy rain. There was a considerable swell and gale force winds that affected the vessel's berth. The Master decided to leave the berth for open water, lost control while leaving the port and the vessel was driven back onto the...