K LINE PTE LTD V PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”)

[2020] EWHC 2373 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Andrew Baker, 7 September 2020

Charterparty (voyage) – Demurrage – Nature of demurrage – Liquidated damages – What damage did demurrage liquidate? – Charterer failing to load or discharge within laytime

The defendant charterer had failed to discharge goods from the claimant shipowner’s vessel Eternal Bliss within the laytime (but not such a delay as to be repudiatory). The cargo deteriorated and claims were brought against the claimant by the cargo owners and their insurers. The claimant sought compensation for those claims from the defendant. Was demurrage the owner’s sole remedy for breach?