"THEMISTOCLES" (OWNERS) v. COMPAGNIE INTERCONTINENTALE DE L'HYPERPHOSPHATE, OF TANGIER.

(1948) 82 Ll.L.Rep. 232

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Charter-party-Dispatch money - Computation of time saved-Lay days-"In turn not exceeding 48 running hours" -"All time saved at port of loading" -Steamship chartered for voyage from Sfax and Casablanca to Finnish ports under charter-party providing (inter alia): 6. The vessel to be loaded at Sfax and Casablanca in the customary manner alongside the wharf reserved to shippers, at the berth they indicate and according to their orders, in turn not exceeding 48 running hours not included the legal holidays or Sundays, nor the time between noon on Saturday or the day preceding any holiday and 8 a.m. on Monday or the day following any holiday even though work should have commenced earlier, and after the vessel has been admitted in free pratique and notice been given to shippers that she is ready to load. The cargo to be loaded in vessel's holds by shippers, the owners paying 3s. per ton of 1000 kilos loaded (bill of lading weight) for this operation. Lay days to count as soon as the vessel has reached the end of her turn from 8 a.m. or 2 p.m. after the vessel being admitted into the port in free pratique and ready in all respects to load has occupied the loading berth indicated by shippers (the loading gear being free for loading). Legal or local holidays for 24 hours, and the time between noon on Saturday or the day preceding any holiday and 8 a.m. on Monday or the day following any holiday not to count as turn and/or as lay time. Time allowed for loading to be calculated on the bill of lading weight . . . Any time used by the vessel changing berth not to count as turn and/or lay time. 11. Demurrage, if any, at loading port to be paid to owners at the rate of U.S. $1000 per running day or pro rata. On all time saved at port of loading, owners to pay to shippers dispatch money at half of demurrage rate per day (portions of a day pro rata).

Ship berthed at Sfax and loading commenced at 1 p.m. on Friday, Oct. 24 (day before local holiday)-No time in fact lost in awaiting turn - Whether charterers entitled to 48 hours' free time before commencement of lay days - Loading completed at Sfax on Friday, Oct. 31-Lay days allowable: 9 days, 16 hours-Expiry of permissible loading time at Sfax (allowing for holidays, etc.) on Nov. 12-Arrival at Casablanca on Nov. 7, loading being completed on Nov. 10-Lay days allowable: 3 days, 4 hours, 48 minutes-Expiry of permissible loading time at Casablanca (allowing for holidays, etc.) on Nov. 14 -Computation of dispatch money - Deduction by charterers from freight- Whether, as owners contended, dispatch money should be calculated by reference to the actual loading time saved, or whether, as charterers contended, it should be calculated by reference to the difference between the allowable loading time and the time during which the shippers could, without paying demurrage, have kept the ship in port for the purpose of loading - Arbitration - Award in charterers' favour - Case stated.