CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The “Pacific Voyager”) – Court of Appeal (Longmore and King LJJ and Sir Rupert Jackson) [2018] EWCA Civ 2413– 6 November 2018

Charterparty – Voyage charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Whether cancelling date constituted the time when approach voyage had to be commenced – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage

Where a voyage charter contained a provision that the shipowner would proceed with utmost despatch to a loading port and also gave a date of expected time of arrival or expected readiness to load at the loading port there was an absolute obligation to commence the voyage to the loading port at such time as it was reasonably certain that the vessel would arrive on or around the expected date (see Monroe Brothers Ltd v Ryan (1935) 51 Ll L Rep 179).