ENE Kos 1 Ltd v Petroleo Brasileiro SA – WLR Daily

ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173

“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”

WLR Daily, 8th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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