Trafigura Maritime Logistics Pte Ltd v Clearlake Shipping Pte Ltd (The MT Miracle Hope) – [2022] EWHC 2234 (Comm), King’s Bench Division, Commercial Court (His Honour Judge Pelling KC, sitting as a High Court Judge) – 3 October 2022

Carriage of goods – Charterparty and sub-charter – Discharge of cargo without bills of lading – Vessel arrested by lending bank – Claim by carrier for indemnity – Whether indemnity required by terms of charterparty – Construction of indemnity clause – Effect of novation of charter – Measure of damages

By a voyage charter by a fixture recap dated 21 August 2019, Trafigura chartered their vessel Miracle Hope to Clearlake Chartering USA Inc (CUSA) to carry a cargo of crude oil from two ports in Brazil to three points in the Far East. On the same day CUSA as disponent owners sub-chartered the vessel to Petroleo Brasileiro SA (PBSA). Both the voyage charter and the sub-charter incorporated an amended version of the Shellvoy 6 voyage charterparty form.