464. Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd (the “Adventure”) [2015] EWHC 318 (Comm)

Demurrage claim – owners’ claim failing because of insufficient supporting documentation

The Facts

The vessel was chartered on an amended BPVoy4 form.

Clause 19.7 read as follows:

No claim by owners in respect of additional time used in the cargo operations carried out under this clause 19 shall be considered by charterers unless it is accompanied by the following supporting documentation:

19.7.1         the vessel’s pumping log signed by a senior officer of the vessel and a terminal representative showing at hourly intervals the pressure maintained at the vessel’s manifold throughout the cargo operations; and

19.7.2         copies of all NOP’s issued, or received, by the Master in connection with the cargo operation; and

19.7.3         copies of all other documentation maintained by those onboard the vessel or by the terminal in connection with the cargo operations.

Clause 20 read as follows:

20.1          Claims time bar

                   Charterers shall be discharged and released from all liability in respect of any claim for demurrage, deviation or detention which owners may have under this charter unless a claim in writing has been presented to charterers, together all supporting documentation supporting each and every constituent part of the claim within 90 days of the completion of discharge of the cargo carried hereunder.

Owners claimed demurrage for delays at the load port of Sitra and the discharge port, Port Sudan.

Owners provided the following documentation with their claim: an invoice; a lay time/ demurrage calculation for Sitra and Port Sudan; a notice of readiness for Sitra, a statement of facts for Sitra, four letters of protest for Sitra, a notice of readiness for Port Sudan, a pumping record for Port Sudan, a statement of facts for Port Sudan, four letters of protest for Port Sudan and an empty tank certificate for Port Sudan.

Findings

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