Herculito Maritime Ltd and Others v Gunvor International BV and Others (The “Polar”) – QBD (Comm Ct) (Sir Nigel Teare sitting as a Judge of the High Court) [2020] EWHC 3318 (Comm) – 4 December 2020

General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders

In 2010 the vessel Polar was engaged on a voyage from St Petersburg to Singapore with a cargo of 69,493.28 mt of fuel oil. Whilst transiting the Gulf of Aden the vessel was seized by Somali pirates and held for ransom. She was released following payment of a ransom of US$7,700,000. Some cargo was extracted during the period of seizure but ultimately the balance of the cargo was delivered in Singapore.