413. Tynedale Steamship Co v Anglo-Soviet Shipping Co (the “Horden”) [1935] 52 Ll.L Rep 282; [1936] 54 Ll.L Rep 341

Off-hire clause – vessel’s discharging equipment damaged in storm – vessel off-hire – charterers not entitled to recover expenses incurred in discharge.

The Facts

This steam vessel carried timber from Archangel to Liverpool. 

In heavy weather off Liverpool, the vessel lost some of her deck cargo and broke her foremast. As a result floating derricks were hired by the charterers to discharge the forward part of the deck cargo. The rest of the cargo was discharged normally.

The relevant provisions of the Uniform Time Charter, 1912 were as follows:

“10.      In the event of loss of time caused by dry docking or by other necessary measures to maintain the efficiency of steamer, or by deficiency of owners’ stores, breakdown of machinery, damage to hull or other accident preventing the working of the steamer and lasting for more than 24 consecutive hours, hire to cease from the commencement of such loss of time until steamer is again in efficient state to resume service.  Should steamer be driven into port, or anchorage by distress of weather or in the case of accident to cargo, causing detention to steamer, time so lost and expenses incurred shall be for charterers account, even if caused through fault or want of due diligence by owners’ servants.

12.       Owners only to be responsible for delay in delivery of the steamer or for delay during the currency of this charter and for loss or damage to goods on board, if such delay or loss has been caused by want of due diligence on the part of owners or their manager, or in making steamer seaworthy and fitted for the voyage or any other personal act or omission or default of the owners or their manager.  Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default by owners servants.”

 The time occupied in discharging was 14 working days 2 hours.  The normal time would have been 8 working days. 

Findings

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