A charter-party provided ‘seven weather working days (Sundays and holidays excepted) to be allowed by owners to charterers for loading.’
Loading took place on two holidays, but there was no evidence of any express agreement under which the work was carried on, or at whose instigation it took place.
Held (rev. judgment of Court of Appeal) that the two days in question were not to be counted as lay days.
A more or less obscure agreement of the nature of a charter-party entered into between the owners of a line of steamships and charterers was made with respect to a fortnightly service of steamers between A and B. The agreement provided that on the arrival of each steamer at her loading berth at A the charterers were to receive notice that she was ready to load, and that the lay days were to commence twelve hours after the receipt of such notice.
Held that the clause which regulated the commencement of the lay days must be read with due regard to the fact that the agreement was for fortnightly sailings, and that accordingly the charterers were under no obligation to begin loading a vessel until a date which would suit an interval of fourteen days between the sailings.
Judges:
Lord Chancellor (Loreburn), The Earl of Halsbury, Lords Macnaghten and Atkinson
Citations:
[1908] UKHL 976
Links:
Jurisdiction:
England and Wales
Transport
Updated: 26 April 2022; Ref: scu.621494
