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Minerva Navigation v Oceana Shipping - the Athena

248 bytes removed, 23:49, 27 January 2014
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Fourth, the Master's “arbitrary action has resulted in the upsetting of the normal allocation of the risk of delay”. In an ordinary case, “a vessel drifting at sea without proceeding to the port during a period when the vessel would otherwise have been awaiting a berth will have the result that the charterers are unable to start time running against their sub-charterers and the same will ordinarily be true as between sellers and purchasers” [fn.7]. Hence the judge's notion of the charterers gaining a “windfall” in the event that the vessel is off-hire during the drifting period is “wholly illusory”. The peculiar facts of this case may in fact create a “windfall”, but that is no reason to lay down a general rule which would otherwise upset the normal allocation of risk of delay.
 
Finally, it should be noted that Forestships International Ltd v Armonia Shipping and Finance Corporation (“The Ira”) [1995] 1 Lloyd's LR 103 is no longer good law, since Tomlinson LJ expressly disagreed with the reasoning of Tuckey J [fn.8].

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