E Strahlmann GmbH & Co Reederei KG MS “Ventura” v Interfeed NV (The “Ventura”) – Rotterdam District Ct (P C Santema, Senior Judge) – 5 February 2020

Charterparty – Voyage charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsory applicable to bill of lading – Court at discharge port upholding bill of lading holder’s cargo claim against shipowner – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976

The plaintiff (Strahlmann) was the owner of the vessel Ventura. By a charterparty on an amended Gencon 1976 form dated 8 December 2015, Strahlmann chartered the vessel to the defendant (Interfeed) for a voyage from Liepaja, Latvia, to Casablanca, Morocco carrying sugar beets. The charterparty was governed by English law.