CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific Voyager)

Subject Matter

SHIPPING — Charterparty — Construction — Parties entering into voyage charter of vessel — Charter not stipulating expected loading date but providing cancelling date and estimated loading dates on previous voyage — Damage to vessel preventing arrival at loading port by cancelling date in charterparty — Whether absolute obligation on vessel’s owner to commence approach voyage to loading port by date which made vessel’s arrival by cancelling date reasonably certain

[2017] EWHC 2579 (Comm); [2017] Bus LR 2125; [2018] 2 All ER (Comm) 62; [2018] 1 Lloyd's Rep 57; [2017] WLR (D) 683, QBD

SHIPPING — Charterparty — Construction — Vessel chartered out while still performing previous charter — Charter containing expected time of arrival at last discharge port under previous charter but no expected time of arrival or readiness to load at loading port — Charter requiring owner to proceed to port with utmost dispatch — Whether owner’s failure to commence approach voyage to loading port by particular date breach of charter — Relevance of estimates contained in itinerary for previous charter

[2018] EWCA Civ 2413; [2020] Bus LR 192; [2019] 1 All ER (Comm) 875; [2019] 1 Lloyd's Rep 370; [2018] WLR (D) 683, CA

Appellate History