A ship’s captain was, under standard Syncomex contract terms, to arrive in port and then to give notice that the cargo was available for collection. He gave the notice before arriving. The owners’ claim for demurrage failed because it depended upon such notice having been given, as a condition precedent. The notice was invalid. Lay-time could not commence to run until a notice had been given. The carrier who was to collect the cargo was not empowered to waive the requirement or vary the charter agreement.
Judges:
Langley J
Citations:
Times 22-Feb-2001, [2001] EWHC 503 (Comm), [2001] 1 Lloyds Rep 754
Links:
Cited by:
Appeal from – Flacker Shipping Ltd v Glencore Grain Ltd (Happy Day) CA 15-Jul-2002
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Lists of cited by and citing cases may be incomplete.
Transport
Updated: 19 May 2022; Ref: scu.80867
