Maritime Reader

NEWS INTELLIGENCE ARCHIVE
03 AUG 2026 MONDAY
Advanced filters
Keywords | type to search… Date: All time Sources: All Topics: All
Charterers, routes, navigation, ships, ports Home Publications Articles The “Santa Isabella” - what is a contractual route? The “Santa Isabella” - what is a contractual route? Publications Steamship Mutual Published: May 12, 2020 Contact author Download article pdf Was the chosen route “usual and reasonable” and did it constitute a breach of duty to care for the cargo?   In Alianca Navegacao E Logistica Ltda v. Ameropa SA (Santa Isabella) [2019] EWHC 3152 (Comm), the High Court provided useful guidance on the test for determining what constitutes a “usual and reasonable” route in the absence of a specific contractual provision.  Background The “Santa Isabella” (“the vessel”) was fixed to carry a cargo of 44,000 MT white corn from Topolobampo, on the west coast of Mexico, to Durban and Richards Bay in South Africa. The charterparty did not contain any provision regarding the vessel’s route. Rather than taking the Panama Canal route, the vessel took the slightly longer route around Cape Horn. On arrival in South Africa, the cargo was found to be damaged, which led to complications and delays on discharge. Owners subsequently claimed against Charterers for demurrage. Charterers relied on the rule in Budget v. Binnington [1891] 1 QB 35 to argue that they were not liable for demurrage as the delays had been caused by the fault of Owners. Amongst other things, Charterers argued that Owners had breached the charterparty by taking a non-contractual route, arguing that the route around Cape Horn was not a “usual and reasonable” route and that the longer voyage had caused the cargo to spoil, which in turn led to the delays upon discharge. What is a ‘usual and reasonable’ route Where the charterparty does not expressly provide for what route the vessel should take, the vessel should proceed by a “usual and reasonable” route, without unjustifiable departure from that route and with reasonable despatch. The High Court identified a number of principles that were re
← Back to latest
pi_circular Steamship Mutual ·2020-05-12

The “Santa Isabella” - what is a contractual route?

Steamship Mutual
Read full article at Steamship Mutual →
Opens Steamship Mutual in a new tab

Topics & segments

← Back to latest

Related Knowledge

Documents on the same topic from the archive