Comatra Ltd and Anr v Various Underwriters (The ‘ABT Rasha’) - Court of Appeal (Pill and Clarke LJJ and Bennett J) - 31 July 2000

Marine insurance - General average - Non-separation agreement containing Bigham clause - Cap invoked - Whether shipowners entitled to recover full amount of Bigham excess from hull underwriters

As a result of a general average incident, the vessel ABT Rasha diverted towards Port Elizabeth as a port of refuge. Inspection at Algoa Bay made it evident that the vessel needed to be dry-docked. The cargo was transhipped to another vessel. Prior to commencing the transhipment operation, and in order to establish rights to claim a contribution in general average from cargo after discharge of the cargo, the owners of the ABT Rasha entered into a non-separation agreement with cargo interests. The agreement provided: