K Line Pte Ltd v Priminds Shipping (HK) Co Ltd

Subject Matter

SHIPPING — Charterparty — Demurrage — Charterparty specifying laytime allowed and containing demurrage provision — Charterer failing to discharge within laytime and cargo deteriorating in consequence of prolonged detention on board — Owner settling claim brought by cargo owners and bringing arbitration proceedings against charterer to recover settlement sum — Whether demurrage fixing owner’s recovery in respect of all losses arising from delay of vessel or just owner’s loss of use of vessel — Whether in absence of separate breach of contract damages available for loss additional to and different from loss of use of vessel

[2020] EWHC 2373 (Comm); [2021] Bus LR 213; [2021] 2 All ER (Comm) 719; [2020] 2 Lloyd's Rep 419; [2020] WLR (D) 516, QBD

SHIPPING — Charterparty — Demurrage — Charterparty specifying laytime allowed and containing demurrage provision — Charterer failing to discharge within laytime and cargo deteriorating as consequence of prolonged detention on board — Owner settling claim brought by cargo owners and bringing arbitration proceedings against charterer to recover settlement sum — Whether demurrage fixing owner’s recovery in respect of all losses arising from delay of vessel or just owner’s loss of use of vessel — Whether in absence of separate breach of contract damages available for loss additional to and different from loss of use of vessel

[2021] EWCA Civ 1712; [2022] Bus LR 67; [2022] 3 All ER 396; [2022] 2 All ER (Comm) 1044; [2022] 1 Lloyd's Rep 12; [2021] WLR(D) 588, CA

Appellate History