Source: All England Reporter
Publisher Citation: [2002] All ER (D) 215 (Jan)
Court: Commercial Court
Judge:

Moore-Bick J

Representation Sioban Healy (instructed by Richards Butler) for Glencore.
  Simon Croall (instructed by Bird & Bird) for Goldbeam.
  Clare Ambrose (instructed by Rayfield Mills) for Navios.
Judgment Dates: 25 January 2002

Catchwords

Shipping - Commencement of lay days - Notice of readiness to load - Invalid notice - Owners claiming demurrage - Charterers claiming despatch - Whether laytime commencing when no valid notice of readiness served.

The Case

Where a charterer stipulated that laytime was to begin following the giving of notice of readiness, time would not begin to run unless and until a valid notice of readiness had been given, irrespective of whether the owner had been prevented from issuing a valid notice by the charterer's breach. Moreover, where the breach of a sub-charter caused a breach of the head charter, the sub-charterer would only be liable to indemnify the head charterer if the liability was such as to be within the reasonable contemplation of the sub-charterer at the time it entered into the contract.

Practice Areas

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