PINCH & SIMPSON v. HARRISON, WHITFIELD & CO.

(1947) 81 Ll L Rep 268

KING'S BENCH DIVISION.

Before Mr. Justice Denning.

Charter-party - Demurrage-Dead freight- Exceptions clause - Frosts - Provision of cargo-Charter by defendants of plaintiffs' steamship to load at Erith, River Thames, full and complete cargo (630 tons) of loam for carriage to Middlesbrough. Cargo to be loaded and discharged in 78 running hours, weather permitting (Sundays and holidays excepted), any time lost through . . . frosts . . . or any cause not directly under charterers' personal control preventing the loading or unloading or provision of cargo not to count as lay-days or demurrage days.

Arrival at loading port on Jan. 29-Inability to load cargo at normal rate owing to severe frost, which had already set in when ship ready to load, and which persisted throughout loading-Instructions given by owners on Feb. 12 that ship should sail, even though only 388 tons had been loaded-Claim by owners for demurrage and dead freight-Plea by charterers that they were protected by exceptions clause - Whether charterers entitled to rely on excepted causes which were already operating when the charterers' obligation under the charter-party commenced - Meaning of "provision of cargo."