C_Trade of Geneva S.A. v. Uni-Ocean Lines Ltd. of Singapore (The Lucille) - Court of Appeal (Stephenson and Kerr L.JJ.) - 2 December 1983

Shatt al Arab victim - Whether charterers in breach of safe port provisions

This was a case where the arbitration award had been based on the pre- Evia view of the law as to safe port obligations. The vessel Lucille was chartered on the NYPE form. On 31 July 1980 she completed loading bagged cement at Constantza and by a bill of lading dated 1 August 1980 the vessel was ordered to Basrah as the port of discharge. She arrived at the Shatt anchorage on 25 August. Due to congestion at Basrah the Lucille waited at the Shatt anchorage until 20 September. On that date the vessel was ordered by the charterers to proceed to Basrah. The arbitrators found that at that date (20 September) Basrah was an unsafe port and that the vessel did not proceed to Basrah simply on the basis of that destination being named in the bills of lading, but pursuant to an express order given by the charterers. As the Lucille proceeded up the Shatt fighting intensified and on 22 September navigation in the Shatt ceased altogether with the result that a large number of vessels, including the Lucille , became trapped.