Lloyd's Maritime Law Newsletter
Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – Court of Appeal (Flaux, Haddon-Cave and Males LJJ) [2020] EWCA Civ 293 – 4 March 2020
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy
On 17 May 2011 the container vessel
CMA CGM Libra grounded whilst leaving the port of Xiamen in China. The owners said that the cause of the casualty was an uncharted shoal
on which the vessel grounded.