AEGEAN SEA TRADERS CORPORATION v. REPSOL PETROLEO S.A. AND ANOTHER (THE “AEGEAN SEA”)

[1998] 2 Lloyd's Rep. 39

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Thomas

Practice - Limitation of liability - Safe port - Vessel chartered to carry oil to Spain - Oil sold to refinery operator - Refinery operator nominated La Coruña as discharging port - Vessel proceeding to berth, grounded on rocks, broke in two and exploded - Whether charterers entitled to limit liability under Convention on Limitation of Liability for Maritime Claims, 1976 - Whether claims put forward by owners against charterers within scope of art. 2 of the Convention. Bill of lading - Safe port - Implied indemnity - Cargo of oil sold to refinery operators - Refinery operator nominated La Coruña as discharging port - Vessel proceeding to berth, grounded on rocks, broke in two and exploded - Whether refinery operator became liable to owners under Carriage of Goods by Sea Act, 1992 - Whether refinery operators became liable to owners under letter of indemnity - Whether terms as to safety of port should be implied - Whether refinery operators only liable if it could be shown they were negligent - Hague Visby Rules, art. IV, r. 3 - Carriage of Goods by Sea Act, 1992, ss. 3, 5.