QUEENS BENCH DIVISION
COMMERCIAL COURT
Strand. London. WC2A 2LL |
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B e f o r e :
SITTING AS A JUDGE OF THE QUEEN'S BENCH DIVISION
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HDS VISCAYA AS | Claimant | |
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BRYGGEN SHIPPING AND TRADING AS | Defendant |
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Michael Ashcroft (instructed by Ince and Co.) for the Defendant
Hearing dates: 9-10 July 2002
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Crown Copyright ©
Nigel Teare QC:
"Bryggen – Bjoem Landoey - advised that steaming for 3 hours and spraying with DI-water would be sufficient for cleaning to methanol after last cargo MTBE. He said that they did that with another ship before loading methanol in Canada, and they passed without problems … DI water was purchased in Puerto Rico, and we did as he had advised."
"1042. To found an estoppel a representation must be clear and unambiguous; not necessarily susceptible of only one interpretation, but such as will be reasonably understood by the person to whom it is made in the sense contended for ...
1046. It is not necessary that the representation should be false to the knowledge of the party making it, provided that
(i) it is intended to be acted upon in the manner in which it was acted upon; or
(ii) the person who makes it so conducts himself that a reasonable person would take the representation to be true and believe that it was meant that he should act upon it in that manner."
i) Captain Landoey did not purport to give advice but to tell a story. This suggests an air of informality not indicative of formal advice as to a sufficient and proper method of cleaning the tanks of VISCAYA for the carriage of methanol.
ii) The history of dealings between Captain Hoyem and Captain Landoey was such that Captain Landoey was always careful not to give orders or instructions to Captain Hoyem. This suggests that if formal advice was to be given it would be couched in formal language.
iii) Captain Hoyem had himself heard stories as to how difficult it was to get tanks passed fit for methanol but he did not mention that to Captain Landoey. If he had understood Captain Landoey to be saying that steaming and spraying with distilled water was a sufficient and proper method for cleaning the tanks of VISCAYA it seems likely that he would have raised with him the stories he had heard and sought formal confirmation from him that such method would be appropriate for VISCAYA.
iv) There was no discussion as to whether the tanks on the vessel in Canada were coated or stainless steel tanks or what previous cargoes had been carried on that vessel. I would have expected Captain Hoyem to raise such matters with Captain Landoey if he understood the story of the Canadian vessel as being formal advice that steaming and spraying with distilled water was an appropriate method for preparing the tanks of VISCAYA for the carriage of methanol. Captain Hoyem accepted that cleaning stainless steel tanks is easier than cleaning coated tanks. Previous cargoes must obviously have an impact on what is an appropriate cleaning method.
v) The fact that after the conversation Captain Hoyem consulted Dr Verwey's guide and would have followed it had he not thought that suitable fresh water could not be obtained or stored on board sits unhappily with the suggestion that the cleaning strategy had been decided upon in the telephone conversation following clear and unambiguous advice from Captain Landoey.
QUANTUM