Borgship Tankers Inc v Product Transport Corporation Ltd (The "Casco") - QBD (Com Ct) (Cresswell J) - 28 February 2005

Shelltime 4 charter - Time bar - Clause providing that claims arising out of loss of or damage to or in connection with cargo to be subject to Hague-Visby Rules - Charterers bringing claim for loss of use of vessel and for loss of freight and consequential loss relating to particular cargo - Whether claim subject to one year time bar in Article III rule 6

The vessel Casco was chartered on the Shelltime 4 form for a period of 60 to 90 days 20 days. The charterers sub-voyage-chartered the vessel on the Asbatankvoy form for the carriage of a cargo of gasoline. However, the voyage-sub-charterers cancelled the sub-charter because the vessel was not "ready and suitable in every respect to load the intended cargo". According to the charterers’ surveyor, the "cargo tanks are in very poor condition due to the state of the epoxy coating".