Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – Supreme Court (Lord Reed PSC, Lord Briggs, Lady Arden, Lord Hamblen and Lord Leggatt JJSC) [2021] UKSC 51 – 10 November 2021

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. The cargo interests refused to contribute to general average, contending that there was actionable fault within the meaning of the York-Antwerp Rules because the grounding was caused by the owners’ failure to exercise due diligence to make the vessel seaworthy; the vessel’s passage plan was defective, and caused the grounding. There was a breach of article III rule 1 of the Hague Rules.