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E D & F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH

Subject: Shipping

Summary: The destruction of machinery by fire did not without more amount to a "mechanical breakdown" for the purpose of a clause in a charterparty which provided that time lost because of certain events, including "mechanical breakdowns at mechanical loading plants", would not count as laytime; accordingly, the charterer in the instant case could not invoke the clause where a delay in loading had been caused by fire damage to a conveyor-belt system.

Member of Chambers: Timothy Young QC for the appellant (instructed by Jackson Parton)