Trafigura Beheer BV v Navigazione Montanari SpA

Shipping – Charterparty. A charterparty contained an 'in-transit loss' clause (ITL clause) and a further clause, providing that the respondent owners were entitled to the protection of the relevant articles of the Hague-Visby Rules in respect of 'any claim' made under the charterparty. En route, pirates took control of the vessel and some cargo was lost. The appellant charterer contended that the owner was liable under the ITL clause. The Court of Appeal, Civil Division, held that the words 'in-transit loss' connoted loss 'incidental to the carriage of the cargo'. Further, even if the ITL clause had had the meaning for which the charterer contended, the Rules would apply to exempt the owner from liability.

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