Source: All England Reporter
Publisher Citation: [2009] All ER (D) 314 (Nov)
Neutral Citation: [2009] EWHC 3046 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Gross J
Representation Michael Coburn (instructed by Swinnerton Moore LLP) for the claimant.
  Lawrence Akka (instructed by Mays Brown Solicitors) for the defendant.
Judgment Dates: 27 November 2009

Catchwords

Shipping - Berth charterparty - Arrived ship under berth charterparty - Owners of vessel entering into charterparty with charterers - Vessel arriving at port and tendering notice of readiness - Twenty day delay before berthing and discharging cargo - Owners seeking demurrage in respect of delay - Arbitrators finding that charterparty was port and not berth charterparty and owners entitled to demurrage - Owners appealing to High Court - Whether arbitrators correct in concluding that charterparty was a port and not berth charterparty

The Case

Shipping Berth charterparty. The Commercial Court held that the arbitrators' award of demurrage in favour of the owners of a vessel would be overturned on the basis that the charterparty properly construed was a berth and not a port charterparty.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports