TYNEDALE STEAM SHIPPING COMPANY, LTD. v. ANGLO-SOVIET SHIPPING COMPANY, LTD.

(1936) 54 Ll.L.Rep. 341

COURT OF APPEAL.

Before Lord Roche, Lord Justice Scott and Mr. Justice Eve.

Charter-party-Cesser of hire-Discharging expenses - Vessel bound from Archangel to Liverpool, laden with timber, including deck cargo-Shifting of deck cargo following list in heavy weather off Liverpool, foremast and part deck cargo subsequently falling overboard - Delay in discharge - Forward winches out of action-Hire of floating derricks to discharge forward part of deck cargo-Cost of steam cranage and derrick barges- Whether incurred by charterers at implied request of shipowners within provisions of Clause 8 - "(2) Owners to provide and pay for all provisions and wages, for insurance of the steamer, for all deck and engine-room stores and maintain her in a thoroughly efficient state in hull and machinery during service. Owners to provide one winchman per hatch. If further winchmen required, or if stevedore refuses to work with the crew, charterers to provide and pay qualified winchmen from land. (3) . . . The steamer to be fitted and maintained with winches, derricks, wheels and ordinary runners capable of handling lifts up to three tons. . . . (8) . . . Captain to be under the orders of charterers as regards employment, agency, or other arrangements. . . . (10) In the event of loss of time caused by drydocking or by other necessary measures to maintain the efficiency of steamer, or by deficiency of men or owners' stores, breakdown of machinery, damage to hull or other accident preventing the working of the steamer and lasting more than 24 consecutive hours, hire to cease from commencement of such loss of time until steamer is again in efficient state to resume service. Should steamer be driven into port, or to anchorage by stress of weather, or in the event of steamer trading to shallow harbours, rivers or ports with bars or in case of accident to cargo, causing detention to steamer, time so lost and expenses incurred shall be for charterers' account, even if caused through fault or want of due diligence by owners' servants. (12) Owners only to be responsible for delay in delivery of the steamer or for delay during the currency of this charter and for loss or damage to goods on board, if such delay or loss has been caused by want of due diligence on the part of owners or their manager, in making steamer seaworthy and fitted for the voyage or any other personal act or omission or default of owners or their manager. Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default by owners' servants" -Arbitration-Case stated-Questions for opinion of Court: "(a) Whether upon the true construction of the charter and upon the facts as herein found, the shipowners are entitled to hire for the vessel in respect of the time occupied in discharge; (b) whether the additional costs of discharge, etc., are for account of shipowners or charterers."