SEA & LAND SECURITIES, LTD. v. WILLIAM DICKINSON & CO., LTD.

(1942) 72 Ll.L.Rep. 159

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Goddard and Lord Justice du Parcq.

Charter-party - Time charter - Cesser of hire- Six months' charter of claimants' steamship to respondents- Sub-charter by respondents- "12. In the event of loss of time from deficiency of . . . owner's stores, breakdown of machinery, or damage to hull or other accident preventing the working of the steamer . . . the hire shall cease from the commencement of such loss of time until she be again in an efficient state to resume her service"- Arrival at Blyth for purpose of loading coal for Norway - Delay in loading- Opportunity taken by owners at charterers' suggestion to fit degaussing apparatus- Fitting not compulsory- Fitting partly installed before cargo available and completed after loading- Whether ship off hire during fitting- Deficiency of owner's stores- Claim by owners for full hire - Arbitration- Contention by owners that hire was payable throughout the whole contract period except in so far as it was excused by the express terms of the charter-party- Award that ship was off hire during period when she was being degaussed- Case stated.