ED&F Man Sugar Ltd v Unicargo Transportgesellschaft mbH (The “Ladytramp”) – Court of Appeal (Patten, Tomlinson and Christopher Clarke LJJ) [2013] EWCA Civ 1449 – 19 November 2013

Demurrage – Delay – Loading of cargo delayed following fire destroying conveyor belt system at loading terminal – Whether delay caused by “mechanical breakdown” – Whether charterers entitled to rely on force majeure clause

On 9 June 2010 the vessel Ladytramp was chartered on the Sugar Charter Party 1999 form for the carriage of bulk sugar from “1-2 safe berth(s), 1 safe port (intention Santos) but not south of Paranagua to the Black Sea (intention Odessa)”. On the date of the fixture the charterers declared Paranagua as the loading port.