The appellant claimed demurrage under a charter-party, clause 3 of which provided that the cargo was ‘to be loaded and discharged with customary steamship dispatch as fast as steamer can receive and deliver during the ordinary working hours of the respective ports, but according to the custom of the respective ports. . . Should the steamer be detained beyond the time stipulated as above for loading or discharging, demurrage shall be paid at pounds 25 per day.’ He maintained that by the custom of the port there was an absolute obligation upon the respondents to provide immediately upon arrival a berth for the ship and facilities for unloading.
Held that unless the charter plainly defines the period of time within which delivery of the cargo is to be accomplished such phrases as ‘with all dispatch’ or ‘as fast as the steamer can deliver’ only import an obligation to use all dispatch reasonable under the circumstances of the case.
Decision of the Court of Appeal affirmed.
Lords Haldane, Dunedin, Atkinson, Wrenbury, and Buckmaster
[1919] UKHL 709, 57 SLR 709
Bailii
England and Wales
Transport
Updated: 26 January 2022; Ref: scu.632792