||All England Reporter
|| All ER (D) 256 (Oct)
|| EWHC 2879 (Comm)
||Queen's Bench Division, Commercial Court
Mr Justice Eder
||Timothy Young QC (instructed by Jackson Parton) for the charterers.
||Nevil Philips (instructed by Waltons & Morse LLP) for the owners.
||23 October 2012
Shipping - Demurrage - Arrived ship - Owners of vessel bringing claim against charterers for demurrage - Delay in loading caused by and/or in consequence of fire which destroyed mechanical loading equipment - Whether delay caused by breakdown of equipment - Whether delay in loading caused by and/or in consequence of fire which destroyed mechanical loading equipment and/or port authority's re-scheduling of loading following such destruction counting as laytime under charterparty.
Shipping Demurrage. The Commercial Court of the Queen's Bench Division upheld an arbitration award in favour of the owners of a vessel arising out of a charterparty of the vessel and held a fire, which had destroyed mechanical loading equipment and had caused the delay in loading, was not intended to be an exception to the running of laytime contained in a clause in the charterparty. Accordingly, the charterers were liable for demurrage.
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