Mitsui & Co Ltd and others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and another

Shipping – Carriage by sea. The Court of Appeal, Civil Division, allowed in part an appeal by cargo interests in a dispute as to whether expenses relating to a negotiation period where pirates had seized a vessel could be allowed as substituted expenses under Rule F of the York-Antwerp Rules 1974. The court held that, among other things, the judge ought not to have concluded that the expenses had been incurred in adopting a course of action undertaken as an alternative to, or in substitution for, one where the expense would have been allowable as general average.

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