In a recent case of Suez Fortune Investments Ltd and Piraeus Bank SA v Talbot Underwriting Ltd and others [2015] EWHC 42 (Comm) the “Brillante Virtuoso”, many issues were considered by the Court and in this article we will consider the issue discussed as the principle as to the factors that need to be taken into account as to nature when the vessel should be considered as a Constructive Total Loss (‘CTL’) , is there any contingency margin for cost of repairs that needs to be considered and the various factors that are relevant to decide the overall issue.
The brief facts for the case are that on 5th-6th July 2011, the vessel was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated a combustible device in the vessel’s engine room.
See attached file: ALCO20150024 Constructive Total Loss.pdf
推定全损
在最近的“Brillante Virtuoso”轮一案中(Suez Fortune Investments Ltd and Piraeus Bank SA v Talbot Underwriting Ltd and others [2015] EWHC 42 (Comm))，法庭探讨了诸多问题。本文将重点讨论，如何判断船舶为推定全损，判断推定全损适用的原则，需要考虑的要素，修理费用是否可增加备用预算以及与整个案件息息相关的各项因素。
案情概要如下，2011年7月5日到6日，“Brillante Virtuoso”轮在也门亚丁湾沿海被海盗劫持。海盗指令船舶前往索马里，但在船舶主机停止运作并无法重启之后，海盗将船舶机舱内的一个可燃设备引爆。爆炸引起大火，几乎烧毁船舶机舱、烟囱壳及起居处。船舶本可在迪拜船厂修理或较便宜的中国船厂修理。
详细信息请参阅附件。
