HERCULITO MARITIME LTD AND OTHERS V GUNVOR INTERNATIONAL BV AND OTHERS (THE "POLAR")

[2024] UKSC 2, UK Supreme Court, Lord Hodge, Deputy President, Lord Hamblen, Lord Leggatt, Lady Rose, Lord Richards, 17 January 2024

General average – Contracts – Bill of lading – Charterparty – General average bond – General average guarantee – Charterparty containing agreement as to insurance – Kidnap and ransom insurance – War risks insurance – Shipowner having paid ransom to pirates – Recovery under general average bond – Whether bill of lading holders able to rely on charterparty insurance terms to refuse payment under general average bond – Whether charterparty provided for an insurance code or fund – Incorporation of charterparty terms into bill of lading

The MT Polar had been seized and held by pirates in the Gulf of Aden from October 2010 to August 2011.