Alize 1954 and Another v. Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – QBD (Comm Ct), 8 March 2019

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GENERAL AVERAGE – WHETHER VESSEL WAS UNSEAWORTHY – OBLIGATION TO EXERCISE DUE DILIGENCE – WHETHER PASSAGE PLAN WAS DEFECTIVE Cargo interests refused to contribute to general average after the Vessel was grounded. It claimed the grounding was the result of the Owner’s failure to exercise due diligence in providing a seaworthy vessel.  When the container...

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