Action Navigation Inc v Bottigliere Navigation SpA (The "Kitsa") - QBD (Com Ct) (Aikens J) - 16 February 2005

Time-charter - Implied indemnity - Vessel sustained hull fouling as consequence of complying with charterers' orders - Whether charterers liable for costs of cleaning hull - Whether vessel was off-hire during time spent cleaning hull

The bulk carrier Kitsa was chartered on an amended NYPE form for a period of about seven to nine months. The trading limits under the charterparty were "always within Institute Warranty Limits" subject to certain exclusions. In addition to the printed off-hire clause (clause 15), additional clause 54 provided: