Lloyd's Maritime Law Newsletter

Demurrage – Delay in cargo reaching loading port – Whether “force majeure” – Whether delay caused by master’s unreasonable conduct – Liability for delay caused by stevedores refusing to discharge cargo – Whether demurrage claim time-barred – Whether owners entitled to “bunker deviation costs” following agreement to add additional discharge port

Contract – Implied term – Quantum meruit – Claimants agreeing to tranship quantity of bauxite in bulk from respondents’ anchored vessel – Contract providing for payment of storage charges at daily rate of US$1,000 per “one barge” irrespective of quantity carried – Parties agreeing addendum to provide for increase in amount transhipped – Claimants providing larger seagoing vessel to tranship additional quantity – Addendum not making express provision for storage charges – Whether implied term that storage rate would increase – Whether claimants entitled to quantum meruit at increased storage rate

Demurrage – Time bar – Whether owners provided contractual documents within time allowed for making demurrage claim