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 not extend to a power to ignore the charterers instructions in fulfillment of the contractual obligation to proceed with all dispatch. Such an order regarded the employment of the vessel, and it was not within the master’s range of proper choices to go against that order.
Judges:
Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Hobhouse of Woodborough
Citations:
Gazette 15-Feb-2001, Times 08-Dec-2000, [2000] UKHL 62, [2001] 1 All ER 403, [2000] 3 WLR 1954, [2001] CLC 502, [2001] 1 Lloyds Rep 147, [2001] AC 638, [2001] 1 All ER (Comm) 76
Links:
House of Lords, House of Lords, House of Lords, Bailii
Jurisdiction:
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appealed to – 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. . .
Cited – Petroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 20 May 2022; Ref: scu.90444
