Destruction by fire not a mechanical breakdown under laytime exclusion clause
The Commercial Court has applied a narrow construction in this case to a laytime exclusion clause in respect of time lost at the load port. The delays were due to a fire that had completely destroyed the conveyor belt system linking the terminal normally used by the charterers to the warehouse where the sugar cargo was stored. Nonetheless, the court upheld the owners’ claim for demurrage because it found that the destruction by fire was not a ‘mechanical breakdown’, nor were the subsequent actions of the port authority ‘government interferences’ under the relevant clause.
Click on the link above to download briefing.
News from Ince & Co
News from The Lawyer
Briefings from Ince & Co
Ince & Co has published the April 2013 edition of its International Trade and Commodities Legal Update.
The Astra: single hire default entitles owners to withdraw and claim loss of profit for remaining charter period
A Commercial Court judge has decided that a failure to pay hire under an NYPE charterparty amounts to a breach of condition, entitling a ship-owner to terminate and seek damages.
Analysis from The Lawyer
Professional indemnity cases keep hitting the court lists as settlement values continue to rise