WATERFRONT SHIPPING CO LTD V TRAFIGURA AG

[2007] EWHC 2482 (Comm), QBD Comm, Gloster J, 31 October 2007

Charterparties – Voyage charter – Demurrage – Charterparty time bar – Whether charterers were liable for demurrage – Beepeevoy 3

Charterers as defendants were entitled to summary judgment in respect of the demurrage claim, which arose out of a voyage charter on the Beepeevoy 3 form. On a correct interpretation of the charterparty, Owners should have provided signed pumping logs and a note of protest before a certain date and failure to do so meant that the claim was time barred. Failure to sign the documents was not de minimis because the requirement for signed documents was stipulated in the charterparty and there was a commercial purpose for that provision. The charterparty provided that charterers would be released “from all liability in respect of any claim for demurrage” and the liability would therefore not be divided, it was time-barred in its entirety.