Changes

The fuller facts and background to the case can be found in the background section of the Court of Appeal case note, which can be found here [[https://www.onlinedmc.co.uk/index.php?title=Alize_1954_and_CMA_CGM_SA_v_Allianz_Elementar_Versicherungs_AB_-_The_CMA_CGM_Libra]].

Lord Hamblen (with whom the other Lords and Lady Arden agreed) gave the sole speech of the United Kingdom Supreme Court, which dismissed Owners’ appeal for the following key reasons:

In light of the above, the Court concluded that the Admiralty Judge directed himself properly in law and the findings he made amply supported the conclusion he reached that the defective passage plan involved a want of due diligence to make the vessel seaworthy by Owners before and at the beginning of the voyage under Article III, Rule 1, to which Article IV, Rule 2(a) was no defence.

This judgment represents the final word in this jurisdiction on the relationship between Article III, Rule 1 and Article IV, Rule 2(a) of the Hague/Hague-Visby Rules, having resulted from a relatively novel factual scenario.