Demurrage- Detention
Draft restrictions prevented the Vessel from sailing on completion of discharging. An extract from the Vessel's deck log entry, records the Vessel's draft as being 6.05m (FWD) and 6.30m (AFT). The Kolkata Port Trust's draft forecast for February 2017 was also presented to me. It showed that the estimated fresh water depth between 18th and 26th February 2017 would be 6.2 m or less, which was insufficient clearance for the Vessel to sail.
Held, that Clause 16 of the Charter Party provides that time lost due to impediments beyond the Owner's control preventing the Vessel from departing from the discharging berth/port, will count as laytime or be charged as time for which damages for detention are due at the rate agreed. The delay in sailing due to insufficient depth of water was an impediment beyond the Owner's control and damages for detention are payable from completion of discharging until the Vessel was able to depart.
LMAA 2018 ( Jus Mundi)
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When the vessel arrived at the discharging port, neither the freight nor the loading port demurrage had been paid. In consequence, the Owners gave notice and exercised a lien over the cargo on board pursuant to their rights under the Charterparty. Held, that any delay that occurred during discharge was entirely due to the Charterers’ failure to pay the freight in accordance with the terms of the Charter Party and thus the Charterers were liable for any such delay
LMAA 2011 ( Jus Mundi)
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Owners exercised lien for freight, demurrage and damages. Held, that whilst Owners’ right to lien the cargo for demurrage was not operative, they undoubtedly possessed an accrued right to lien the cargo for both freight and also for their "claims for damages" ; "Lien Clause: The Owners shall have a lien on the cargo and on all sub-freights payable in respect of the cargo, for freight, deadfreight, demurrage, claims for damages and for all other amounts due under this Charter Party including costs of recovering same”
LMAA 2012 ( Jus Mundi)
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The freight remained unpaid and the ship spent a period drifting pending final disport declaration. Voyage continued after charterers provided a letter of guarantee. Damages for detention agreed for the time spent drifting.
LMAA 2017 ( Jus Mundi)
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The Vessel was detained at the Loadport during its second call, as a result of the Charterers’ failure to provide cargo, giving rise to demurrage
LMAA 2017 ( Jus Mundi)
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Demurrage ends when Charter came to an end; claimant accepted the Cancellation Message as wrongful repudiation of the charter.
LMAA 2022 ( Jus Mundi)
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Owners were entitled to demurrage until the Charter was terminated. Once the Charter was terminated the right to contractual demurrage ended. It made no difference whether a loss is claimed as demurrage or damages for repudiatory breach. These are quite separate remedies even though the daily rate at which they would accrue may be similar or identical…Losses for delay accruing after the Charter terminated were not recoverable as demurrage.
LMAA 2019 ( Jus Mundi)