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

[2021] EWCA Civ 1712, Court of Appeal, Civil Division, Sir Geoffrey Vos, Master of the Rolls, Lord Justice Newey and Lord Justice Males, 18 November 2021

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

The charterer had failed to discharge a cargo of perishable goods from the shipowner’s dry bulk carrier Eternal Bliss within the agreed laytime due to port congestion. The delay was not such as to be repudiatory and there was no separate breach by the charterer. The loss suffered was the consequence of the shipowner having complied with charterers orders to load, carry and discharge the cargo. The cargo deteriorated and claims were brought against the shipowner by the cargo interests.