CASE STUDY 2

A vessel had been chartered to load a full and complete cargo of timber at two ports in the Gulf of Mexico for carriage to Western Europe. On the charter failing to provide a full cargo, the master procured further timber from other shippers, some which he loaded on deck in such a way as to render the vessel unseaworthy. Heavy squalls were encountered during the voyage which caused the deck cargo to shift and endanger the safety of the vessel. Accordingly, the master put into Halifax for the necessary repairs before proceeding to Liverpool where he discharged the cargo. When the shipowner sought to exercise the contractual lien for dead freight and demurrage, the cargo owner contended that the right to rely on the lien had been forfeited as the result what was alleged to be an unjustifiable deviation to Halifax.

C.2.1.How would you give advice about the deviation and compensation of the damage if you were the cargo interests insurers in this case?