Gard Marine & Energy Ltd v China National Chartering Co Ltd (The “Ocean Victory”) – Court of Appeal, 22 Jan 2015

BARECON 90 FORM -- SAFE PORT -- SEVERE WEATHER -- WHETHER HULL INSURERS ENTITLED TO FILE SUBROGATED CLAIM AGAINST DEMISE CHARTERER -- Charterer Award This dispute between the Claimant and Intermediate Charterer began over damages stemming from the loss of the Vessel when she went aground at the discharge port due to severe weather. However, the claim did not succeed as the demise charter contained an express stipulation to exclude the rights of subrogation.