[2025] EWHC 2089 (Comm)

On 14th March 2023, there was a collision between MT Midvolga 3 and another vessel (Taiga) on the River Don.

On 15th March 2023, Spring Marine wrote to North Global stating that, from the time of the collision, MT Midvolga 3 was off-hire, as it was not under time-charterers’ disposal.

On 16th March 2023, North Global sent an email to Spring Marine stating that:

“Please be note that we do our best to speed up repair of vessel Midvolga-3.

We are ready to provide vessel right now but register doesnt give permission and requires to put vessel on shipyard for repair. Moreover please be note that we incur large losses due to current situation. And we could take a part in tender with choosing insurance company (it takes minimum 2-3 weeks as you know).

Dear charteres, please take into account that fact that the incident occurred within the war-risk zone, where the vessel sailed following the Charterer’s orders and is now forced to stay there due to the Charterer’s decision to sail into the area. All payments and coverage including daily hire rate as per the TCP are to continue without any delays. Additionally please be informed that the incident occurred through no fault of the Owners and all possible expenses on the part of the Charterers (if any) are to be recovered from the liable party. The available evidence documentation pertaining to the event will be provided to the Charterers as soon as possible to enable such recovery.

From our side we do our best and ask owner to complete repair as soon as possible”

Later that day, Spring Marine replied to North Global stating that:

“We refer to your e-mail of 01:41lt on 16.03.2023.

We are very sorry for the collision in which your vessel was involved and as a result of which you are suffering losses, but we regret to advise you that your demands to the effect that:

All payments and coverage including daily hire rate as per the TCP are to continue without any delays.

and

…all possible expenses on the part of the Charterers (if any) are to be recovered from the liable party.

are unlawful and non-contractual. Therefore we cannot accept them and invite you not to repeat them …

Lack of class

3.

Thus vis-à-vis us, as charterers you are in breach of clause 1(a) of the Charter-party by failing to provide us at present with a vessel that has a valid class certificate. Vessel’s having no valid class certificate is unable sail from port to port or to trade. Lack of valid class prevents the efficient working of the Vessel and there is an interruption of the Vessel’s service in the sense used in Clause 21 of the Charter-party …

Navigation. Clause 27 of the Charter-party

8.

In your message of today you appear to suggest that since the vessel was performing a voyage under our orders at the time of the collision, you as owners are exonerated from liability for our losses resulting from the collision. If that was indeed your position, we would like to inform you that your position is incorrect. Clause 27 of the Charter-party expressly includes collision as an event for the consequences of which you as owners are not exonerated.

Further interaction

10.

While we assure you of our good will, sympathy and willingness to assist you, we invite you in your future interaction with us to base your demands and suggestions only on the provisions of the Charter-party and English law, because these govern our relationship.”

On 25th March 2023, Middle Volga sent a letter to North Global withdrawing MT Midvolga 3 from the Head Charterparty and stating that:

“This letter is to put you on notice that due to absence of your response to any of our multiple letters and requests regarding the withdrawal of the time chartered vessel “Midvolga-3” from the Time Charter Party, as well as absence of any reaction to our requests to provide your representative for measuring the remaining bunkers onboard, we hereby consider your such behavior to constitute your agreement with our position regarding withdrawal of “Midvolga-3” from the TCP. Please, be notified that we consider the vessel as withdrawn from the TCP starting from the 21st of March, 2023 due to non-payments under the Time Charter Party on your part and gross violation of the conditions of the said TCP …”

The three Vessels which had been delivered to the Charterers under the Charterparty were purported to be withdrawn from that charter service on the following dates:

Between 31st October 2023 and 6th June 2024, the Charterers procured the arrest of MT Midvolga 3 and MT Lada in Turkey in support of their claim.