NKD MARITIME LTD v BART MARITIME (NO 2) INC (THE “SHAGANG GIANT”)

[2022] Lloyd’s Rep. Plus 93

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Butcher

Contracts (ship sale) – Sale of vessel for scrapping – Covid-19 lockdown – Lockdown measures imposed by government – Inner anchorage inaccessible – Vessel giving notice of arrival at outer anchorage and instructed to wait where convenient – Termination of agreement – Whether termination valid – Vessel delivery – Meaning of “transfer of title” – Force majeure – Whether lockdown measures constituting restraints of government – Inability to perform – Indian Shipbreaking Code (Revised) 2013.