Swire, charterers of the Vessel “Kiating” had contracted with the Port of Sheerness for discharge of the Vessel’s plywood cargo, which in the event, was found to have shifted on the voyage, requiring several more days discharging than estimated. As well as additional charges for stevedoring, shiftings and equipment (all paid by Swire) the Port claimed some GBP250,000 extra charges based on a contractual clause: “…where a vessel remains alongside…for a longer period than necessary for loading and discharging…a period toll will be charged for each 24 hour period…” namely £137.80 per day per linear metre of LOA. Dismissing the claim, the Court found that the clause was restricted to cases where a vessel failed to depart after operations. It also found that other powers of the Port to raise additional charges were inapplicable (as here) the Port had not actually incurred them; nor was a quantum meruit appropriate where the parties had stipulated the circumstances for additional charges.

Disputes arose following the fire and subsequent sinking of the container vessel “X-press Pearl”. The Vessel was subject to various contractual arrangements at the time of the sinking including a bareboat and a time-charter. Time charterers had made further contractual arrangements including (i) a transport services agreement with Maersk (ii) a slot contract with BTL and (iii) a connecting carrier agreement with MSC. Time charterers had constituted a limitation fund under the 1976 Convention. Maersk, BTL and MSC sought, and the Court granted, a declaration that they too were entitled to limit liability under the Convention, as each was a ‘shipowner’ within Article 1(2) of the Convention.