Case Summary: The "GLOBAL SANTOSH" - Off-hire whilst under arrest due to Charterer's agent's fault
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The Court of Appeal had looked at the matter in simpler terms of whether the arrest was caused by a party on ‘Charterers’ side of the line’: Transclear and IBG being clearly on ‘Charterers’ side of the line’. Some may argue that the Court of Appeal judgment was too broad brush and gave too wide a definition of agency and that the Supreme Court was correct to look at the scope of the agency and limit it accordingly.
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