A charter-party provided that the ‘River Ettrick’ should proceed to Bo’ness and there receive a full cargo of coals.
On 17th October the shipowners intimated in writing to the charterers that the vessel had left for Bo’ness, and requested them to have the cargo forward on the 19th. The ‘River Ettrick’ arrived in Bo’ness roads on the 19th, hut was not allowed to enter the dock owing to its crowded state. The fact of her arrival was known to the charterers’ agent, who was also agent for the ship.
On 21st October a berth became unexpectedly vacant in the dock, and would have been given to the ‘River Ettrick’ if her cargo had been forward. As her cargo was not forward the ‘River Ettrick’ failed to obtain this berth, and no other berth became available for her until the 26th, on which date she was docked.
Held ( aff. judgment of the Second Division, but on different grounds) that the charterers were not liable to the shipowners for demurrage, in respect that there was no obligation upon a charterer, apart from special circumstances, to have his cargo forward before the ship would in the ordinary course, and according to the custom of the port, obtain a berth for loading.
Judges:
Lord Chancellor (Halsbury), Lord Herschell, Lord Macnaghten, and Lord Morris
Citations:
[1896] UKHL 514, 33 SLR 514
Links:
Jurisdiction:
Scotland
Transport
Updated: 04 May 2022; Ref: scu.634012