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“Rio Assu” (No. 2) C. Itoh & Co. Ltd. and Others -v- Companhia de Naveacao Lloyd Brasileiro and Steamship Mutual Underwriting Association (Bermuda) Ltd. same -v- Republica Federativa do Brasil

17th Jul 1998

[1999] 1 Lloyd’s Rep. 201; [1999] 1 Lloyd’s Rep. 115

Dominic Kendrick QC, Alistair Schaff and Richard Waller were involved in this claim on a P&I letter of guarantee.

Carriage by sea – Letter of undertaking – Construction – Damage to cargo – Cargo-owners claimed against demise charterers – P. & I. club gave letter of undertaking – Demise charterers ceased to exist – Government or state of Brazil succeeded to rights and obligations of demise charterers – Whether club’s letter of undertaking extended to cover sums as might be adjudicated recoverable from state.