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Carboex SA v Louis Dreyfus Commodities

19th Jun 2012

[2013] 2 WLR 754

Sioban Healy QC and Jessica Sutherland acted for Louis Dreyfus which concerned whether a voyage charterparty strikes exception clause applied to vessels which were delayed in berthing due to congestion caused by the after-effects of a strike which had ended before the vessels berthed.  Field J held, distinguishing the decision of the House of Lords in Central Argentine Railway v Marwood [1915] AC 981, that the strikes exception could apply to delay in discharging caused by congestion due to the after-effects of a strike that had ended.  He granted permission to appeal to the Court of Appeal.