Author Archives: michael

600. Chandris v Isbrandtsen-Moller Co Inc (“the Eugenia Chandris”) [1951] KB 240

Nature of demurrage: liquidated damages for detention – breach of dangerous cargo provision not altering nature of damages suffered The facts Voyage charter party. Quantity of turpentine loaded in breach of cargo clause resulting in extended delay. Special case stated for Court, inter alia, whether damages for detention at market rate higher than demurrage rate […]

599. Adelfamar SA v Silos E Mangini Martini SpA (“the Adelfa”) [1988] 2 Lloyd’s Rep 466

Damages suffered by owners caused by arrest of vessel at behest of receivers – charterers not liable The facts Carriage of maize to Tripoli. Discharge delayed beyond laytime by congestion. Receivers claimed wet-damage to cargo and refused to take delivery. They proceeded to arrest the vessel. Shortly thereafter a ban on the landing of maize […]

597. Suisse Atlantique Societe D’Armement Maritime SA v NV Rotterdamsche Kolen Centrale (the “General Guisan”) [1967] 1 AC 361

Demurrage – the nature of demurrage as liquidated damages – fundamental breach The facts The contract, referred to by Mocatta J at first instance as a “hybrid”, was a single voyage charter converted to provide for an undetermined number of voyages over a fixed two year period to carry coal between the USA and Europe. […]

596. Richco International Ltd v Alfred C Toepfer International GmbH (the “Bonde”) [1991] 1 Lloyd’s Rep 136

FOB sale – demurrage clause – parallel obligation to pay carrying charges The facts A parcel of wheat was sold FOB Damman, Saudi Arabia. The contract provided for demurrage, a guaranteed loading rate, sellers’ carrying charges if vessel arrived late and a right on behalf of the buyers to extend the delivery date.  The buyers […]

595. Nautica Marine Limited v Trafigura Trading LLC (the “Leonidas”) [2020] EWHC 1986 (Comm)

Formation of charterparty – lifting of subjects  THE PROCEEDINGS This was a trial conducted by video link before Foxton J.  Trafigura claimed damages from Nautica, owners of the oil tanker, managed by NJ Goulandris Maritime, for the reduction in profit obtained in a replacement voyage in a falling market. Nautica relied on repudiatory breach by […]

593. Trafigura Maritime Logistics Pte Ltd v Clearlake Shipping Pte Ltd (the “Miracle Hope”) [2020] EWHC 726 (Comm)

Charterers instructing master to discharge without presentation of original bills of lading – deemed indemnity clause – owners held entitled to invoke – mandatory injunction granted to put up security to allow for the release of arrested VLCC  The proceedings A Trafigura subsidiary, as claimant sought an urgent mandatory injunction against a Gunvor subsidiary, Clearlake Shipping, […]

592. Tricon Energy Ltd v MTM Trading (the “MTM Hong Kong”) [2020] EWHC 700 (Comm)

Clause 38 Asbatankvoy form – demurrage claim – “all supporting documents” to include bills of lading  The facts The vessel was let on an amended Asbatankvoy form. Clause 38 read in part: “… Any claim/invoice which Owner may have under this Charter Party shall be waived and absolutely barred, if claim/invoice and all supporting documents are […]

591. Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (the “Caravos Liberty”) [2019] EWHC 3171 (Comm)

Withdrawal – BIMCO non-payment for hire clause not deployable for historic debt  The facts The vessel was leton an amended NYPE form incorporating the BIMCO non-payment of hire for charterparties, entitling owners to withdraw the vessel for failure to pay hire timeously. Hire was US$9000 per day payable every 15 days (ie US$ 130 652) in […]

590. Bilgent Shipping PTE/ADM International SARL/ Oldendorff Carriers GmbH (the “Alpha Harmony”) [2019] EWHC 2522 (Comm)

Notice of Readiness required to be given during office hours – laycan dates falling on Sunday – office hours provision determinative under sub-charter but not under head-charter  The facts The vessel was let under a Norgrain 1973 form for two voyages from South America to China and sub-let on a Baltimore Form C Berth Grain […]

589. Rubicon Vantage International Pte Ltd v Krisenergy Ltd [2019] EWHC 2012 (Comm)

Demand guarantee – Floating Storage and Offloading Facility (FSO) – works relating to covered by a written guarantee given by parent company of the obligee – interpretation of guarantee and compliance decided – 2 Court of Appeal authorities cited as providing assistance in determining whether guarantees were “demand” or secondary obligation “see to it” guarantees […]

588. Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”)[2019] EWHC 1213 (Comm)

BIMCO SupplyTime 2017 Charterparty for Offshore Support Vessels – clause 12 (e) -failure to dispute invoices precludes later recovery for off-hire events The facts Clause 12(e) required charterers to notify owners of disputed amounts in invoices presented and to pay undisputed amounts . Clause 12(g) provided for an audit of the owners’ books of account […]

587. K v A [2019] EWHC 118 (Comm)

FOB sale – payment obligation on buyers to pay into account nominated by sellers – buyers’ email account hacked resulting in payment to incorrect account – buyers liable for loss suffered by sellers The facts 5000 metric tonnes of Romanian sunflower meal was sold FOB Galati, Romania. Payment was to be in cash within 2 […]

582. Classic Maritime Inc v Limbungan Makmur SDN BHD [2018] EWHC 2389 (Comm); [2019] EWCA Civ 1102

Force Majeure clause – contract of affreightment – charterers not able to perform for reasons other than the force majeure event not entitled to rely on clause –  substantial damages awarded on appeal to the Court of Appeal The facts A long term contract of affreightment was entered into between Classic Maritime, ship owners, and […]