ENE Kos v Petroleo Brasileiro SA (The “Kos”) – English Court of Appeal, 6 Jul 2010

SHELLTIME 3 -- TIME CHARTER -- UNPAID HIRE -- WITHDRAWAL OF VESSEL FOR UNPAID HIRE -- DETENTION OF VESSEL -- CONSUMPTION OF BUNKERS -- SECURITY -- Partial Charterer Award Partially overturning the High Court’s ruling, the Court of Appeal held that absent an express or implied agreement, Owner is not due remuneration during the period that the Vessel was withdrawn from Charterer’s service for failure to pay hire. Then, having been directed by Charterer to discharge the cargo, Owner was reimbursed for cost of bunkers used for the cargo operations as that fell within the scope of care of the cargo; however, bunkers consumed during the Vessel’s withdrawal period were not recoverable. The Court of Appeal agreed with the judge that the Owner was entitled to costs for the security guarantee.