Whilst in port the flange of a pipeline had broken so as to allow a discharge of the cargo, delaying the sailing.
Held: The term in the contract ‘a breakdown of machinery or equipment’ was to be taken to include such a breakdown, allowing the charterer claim demurrage under the Asbatankvoy form of voyage charterparty.
Judges:
Lord Justice Clarke Lord Justice Laws Lord Justice Ward
Citations:
[2004] EWCA Civ 864, Times 24-Aug-2004
Links:
Jurisdiction:
England and Wales
Transport, Contract
Updated: 11 June 2022; Ref: scu.198683