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.

In this recent arbitration appeal the Commercial Court considered the meaning of a time charter trip and concluded that, ultimately, the scope of any “trip time charter” will depend upon the particular terms agreed between the parties.  However, the court also gave a number of useful general insights into the nature of a time charter trip.

The Court of Appeal overturned the decision of Teare J in finding that the port was prospectively safe. The combination of long period swell waves and northerly gales experienced by the vessel was an “abnormal occurrence”.