| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 120 (Jun) |
| Neutral Citation: | [2012] EWCA Civ 838 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Neuberger MR, Moore-Bick and Toulson LJJ |
| Representation | 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. | |
| Judgment Dates: | 19 June 2012 |
Catchwords
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.
The Case
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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