The court was asked as to ‘the true construction and application of a proviso to an off hire clause in a time charterparty, dealing with the capture, seizure, detention or arrest of the vessel. The issue thus raises the familiar question as to the allocation of risk of delay as between owners and time charterers. ‘
Gross, Gloster LJJ, Sir Stanley Burnton
[2014] EWCA Civ 403, [2014] 2 Lloyd’s Rep 103
Bailii
England and Wales
Citing:
Cited – Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (‘Doric Pride’) CA 25-Jan-2006
The court considered the relationship between express an implied warranties.
Held: Under a time charterparty, hire continues to run unless the charterer can bring himself within the plain words of an off-hire provision; the risk of delay is . .
Cited – Mediolanum Shipping Co v Japan Lines Ltd (‘The Mediolanum’) CA 1984
The charterers had contracted to provide and pay for fuel. They ordered her to a safe port but she was directed to an unsafe place in that port by the refinery with whom the charterer had contracted for the supply of bunkers. The court was asked to . .
At ComC – NYK Bulkship (Atlantic) Nv v Cargill International Sa ComC 1-Feb-2013
The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head . .
Cited – The ‘Goodpal’ 2000
The court dealt with the apportionment of claims under the Interclub NYPE Agreement . .
Cited by:
At CA – NYK Bulkship (Atlantic) Nv v Cargill International Sa SC 11-May-2016
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer.
Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract, Agency
Updated: 02 December 2021; Ref: scu.523625