by michael | Jun 22, 2021 | Charter Party Cases
Nature of demurrage: liquidated damages for delay – where delay results in damage of a type different from loss of use of vessel, general damages not available – question of law determined under s45 of the Arbitration Act 1996 The facts Voyage charterparty. Norgrain...
by michael | Apr 5, 2021 | Charter Party Cases
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...
by michael | Mar 29, 2021 | Charter Party Cases
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...
by michael | Mar 21, 2021 | Charter Party Cases
Demurrage – damages for multiple breaches and different consequences The facts Tanker voyage charter on Exxonvoy 69. Vessel to proceed from range of ports North Africa there to load a minimum of 40 000 tons crude oil for carriage to a range of ports Italy. “10 Pumping...
by michael | Feb 4, 2021 | Charter Party Cases
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...
by michael | Nov 9, 2020 | Charter Party Cases
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...
