ED&F Man Sugar Ltd. v Unicargo Transportgesellschaft mBh (The “Ladytramp”) – English Court of Appeal, 19 Nov 2013

SUGAR CHARTER PARTY 1999 -- FIRE DAMAGE AT TERMINAL -- MECHANICAL BREAKDOWN DEFINED -- OBLIGATION TO NOMINATE ALTERNATE BERTH -- FORCE MAJEURE -- GOVERNMENT INTERFERENCE -- Owner Award The Vessel was delayed in berthing due to a fire that had destroyed the conveyor belt system at the Charterer’s regularly-scheduled terminal. Charterer submitted their case to the Court of Appeal for consideration that this situation should constitute a mechanical breakdown and likewise exempted from the Owner’s laytime calculation.