*Gard Marine and Energy Ltd v China National Chartering Co Ltd and another; China National Chartering Co Ltd v Gard Marine and Energy Ltd and another; Daiichi Chuo Kisen Kaisha v Gard Marine and Energy Ltd and another

Shipping – Charterparty. The appeal concerned the action by the claimant hull insurers against the charterers of a vessel for recovery of the value of the vessel which had been wrecked in a port during a severe storm. The Court of Appeal, Civil Division, allowed the charterer's appeal against the judge's decision that the casualty had been caused by the unsafety of the port in breach of a warranty in the demise charterparty. The Court of Appeal held that in the light of relevant caselaw, the casualty had been caused by an 'abnormal occurrence' with the result that no breach of the safe port warranty had occurred. The Supreme Court upheld the Court of Appeal's decision and dismissed the claimant's appeal.

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