This appeal concerns liability for delay to four vessels waiting to discharge cargoes of coal at Ferrol, North-west Spain in June and July 2008.
Held: The berth charter strike clause operated to transfer any liability for delay in the discharge of the cargo arising from strikes at the port from the charterer to the owner. This applied irrespective of whether it arose at the quayside or while the vessel had arrived but was unable to berth.
Judges:
Lord Neuberger of Abbotsbury MR, Moore-Bick, Toulson LJJ
Citations:
[2012] WLR(D) 179, [2012] 2 CLC 416, [2012] 2 All ER (Comm) 1039, [2013] Ch 789, [2012] 2 Lloyd’s Rep 379, [2012] EWCA Civ 838, [2013] 2 WLR 754, [2013] 1 QB 789
Links:
Jurisdiction:
England and Wales
Transport
Updated: 01 November 2022; Ref: scu.460503