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Whether Nominated Berth Safe: the nominated berth was not prospectively safe at the time of nomination because the damage to the berth at that time was such that the dangers presented were not ones that could have been avoided by good/ordinary navigation and seamanship. Owners were consequently entitled to recover detention for the vessel at the loadport at the demurrage rate.
Case note by Jim Leighton, LLM (Maritime Law), LLB (Hons), BSc (Hons), Solicitor of England & Wales, Foreign Qualified Lawyer (Practising Foreign Law) in Singapore, Associate at Hill Dickinson LLP and International Contributor to DMC’s Case Notes:[http://www.jimleightojimleighton.co]
