‘claim for damages for a period of detention which at the time the Owners did not think counted as either laytime or demurrage, but which in fact did. Two questions arise on the appeal. The first is whether by agreeing to a demurrage calculation in respect of time which they did recognise counted towards laytime and demurrage, Owners precluded themselves from recovering demurrage in respect of the period which they had mischaracterised. The second is whether as a result of misdescribing or mislabelling their claim Owners failed to comply with the Claims Time Bar clause in the BPVOY4 form of charterparty so that their claim, if not otherwise precluded, is in any event time-barred.’
Citations:
[2011] EWCA Civ 1127
Links:
Jurisdiction:
England and Wales
Transport
Updated: 08 September 2022; Ref: scu.445403
