Navalmar UK Ltd v Ergo Versicherung AG and Another (The “BSLE Sunrise”) – QBD (Comm Ct) (HHJ Pelling QC sitting as a High Court Judge) [2019] EWHC 2860 (Comm) – 4 November 2019

General average – General average guarantee – Whether issuer of GA guarantee entitled to raise defence under Rule D of the York-Antwerp Rules 1974 as a defence to their liability under the GA guarantee

Following the grounding of the vessel BSLE Sunrise off Valencia on 28 September 2012 the claimant owners declared general average. On 8 October Iteco Oilfield Supply France (Iteco France) issued an Average Bond in the Lloyd’s Average Form in respect of two of the bills of lading.