Leeds Shipping Co Ltd v. Societe Francaise Bunge (The “EASTERN CITY”) – COURT OF APPEAL (Hodson, Romer, and Sellers LJJ) – 30 July 1958

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UNSAFE PORT - MOROCCO - UNPREDICTABLE WEATHER CONDITIONS -GROUNDING OF VESSEL - ALLEGED NEGLIGENCE OF MASTER Editor's Note: This 1958 case set the industry standard for determining a safe berth and is referenced in two new recaps: London Arbitration 2/23 and SMA No. 4457 “PRESINGE.” Leeds Shipping and Societe Francaise were parties to a voyage charterparty with the vessel discharging in “…One or two safe ports in Morocco…” This appeal challenged a previous decision in favor of Leeds Shipping, which claimed Charterers ordered the vessel to an unsafe port, Mogador, where she ran aground and sustained damage. Societe Francaise denied that Mogador was an unsafe port and asserted by accepting the voyage, Owners had consented to the vessel going to Mogador. Charterers also claimed the negligence of· the Master caused the vessel's grounding.
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