Whistler International Ltd v Kawasaki Kisen Kaisha Ltd; Kawasaki Kisen Kaisha Ltd v Tokai Shipping Co Ltd of Tokyo: CA 25 May 1999

In a time charterparty, the charterer was free to determine the orders, but not the orders as to navigation. The ship’s master was solely responsible for its safety, and so retained entire discretion as to the navigation route.

Citations:

Times 25-May-1999, Gazette 09-Jun-1999

Jurisdiction:

England and Wales

Citing:

Appealed toWhistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony) HL 8-Dec-2000
A master, engaged to fulfill a charterparty, was not free to choose a longer and slower route, when the shorter route was recommended and safe. His own perception of the safety of the route was not determinative. His rights to control navigation did . .
Appeal fromWhistler International Ltd v Kawasaki Kisen Kaisha Ltd QBD 5-Mar-1998
The decision as to the route to be taken by a ship between points on a journey, was in the master’s discretion, as exercised on behalf of owners, not the charterers. . .

Cited by:

Appeal fromWhistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony) HL 8-Dec-2000
A master, engaged to fulfill a charterparty, was not free to choose a longer and slower route, when the shorter route was recommended and safe. His own perception of the safety of the route was not determinative. His rights to control navigation did . .
Appealed toWhistler International Ltd v Kawasaki Kisen Kaisha Ltd QBD 5-Mar-1998
The decision as to the route to be taken by a ship between points on a journey, was in the master’s discretion, as exercised on behalf of owners, not the charterers. . .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 10 April 2022; Ref: scu.90447