||All England Reporter
|| All ER (D) 120 (Jun)
|| EWCA Civ 838
||Court of Appeal, Civil Division
Lord Neuberger MR, Moore-Bick and Toulson LJJ
||Charles Kimmins QC and Socrates Papadopoulos (instructed by Thomas Cooper, Madrid) for the claimant.
||Siobán Healy QC and Jessica Sutherland (instructed by Reed Smith LLP) for the defendant.
||19 June 2012
Shipping - Demurrage - Exceptions clause - Strikes - Discharge of four vessels delayed due to congestion at port caused by strikes - Strikes finished when vessels berthed - Owner making claim for demurrage - Exception applying to strikes beyond the control of the charterers preventing or delaying discharge - Judge finding exception applying where discharge delayed by after-effects of strike - Whether judge erring.
Shipping Demurrage. The Court of Appeal, Civil Division, held that a strike exception contained within the provisions for the payment of demurrage in a contract of affreightment, had applied to a vessel which had been unable to berth due to berth congestion caused by a strike provided the strike was the effective cause of the delay.
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