OVERVIEW
In the usual end-of-term flurry of desk-clearing, festive zooms, bubble-forming, and preparations for an impending lockdown, it is easy to overlook the latest decision on a niche point of admiralty law and practice.
On 17 December 2020, judgment was handed down inTrans-Tec International SRL, World Fuel Services (Singapore) Pte Ltd v "the Columbus" and "the Vasco da Gama" [2020] EWHC 3443 (Admlty). The case concerned the definition of "a claim in respect of goods or materials supplied to a ship for her operation or maintenance" within the meaning of s. 20(2)(m) of the Senior Courts Act 1981.
Many practitioners will be aware of the ongoing Admiralty proceedings involving these two cruise ships, in which orders have been made for appraisal and sale, with numerous in rem claims proceeding against the proceeds of sale and being case-managed together. The decision in Trans-Tec concerned in rem claims against the vessels by bunker suppliers within the World Fuel Services Group (WFS). Paul Henton acted for the claimant companies, who were successful on all components of their claims.
In addition to the base price for the bunkers (c. US$3.7 million), the claimants claimed (i) contractual interest on overdue amounts at 2% per month (or 1 ½% per month on lower value invoices), (ii) administrative fees of 5% of the principal amount on all sums more than 15 days ...
