Mercuria Energy Trading Pte v Raphael Cotoner Investments Ltd (The Afra Oak) - [2023] EWHC 2978 (Comm), King's Bench Division, Commercial Court (Sir Nigel Teare) - 23 November 2023

Carriage of goods - Failure by master to obey orders - Vessel arrested - Exclusion of liability by owner for negligent navigation - US Carriage of Goods by Sea Act 1936 - Hague Rules, article IV, rule 2(a)

The appellant charterer agreed to charter the vessel Afra Oak from the respondent owner. The charterparty contained the usual safe port warranty whereby the charterer would only order the vessel to a safe port. The charterparty provided that bills of lading issued by the owners were to have effect subject to the provisions of the United States Carriage of Goods by Sea Act 1936. It was common ground that the 1936 Act was for all relevant purposes identical to the Hague Rules.