Voyage Charters

Timothy Young KC; Michael Ashcroft; Julian Cooke; Andrew Taylor; John Kimball; LeRoy Lambert; David Martowski; Michael Sturley

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Page 251

Chapter 9 Proceeding on the Cargo Voyage

[clause 1 continued]
… and being so loaded the vessel shall proceed to the discharging	15
port or place	16
[clause 1 is continued below]

9.1 The phrase “and being so loaded …” reflects the ordinary rule that, once the ship is loaded with the quantity of goods required under the terms of the charterparty, the owners are obliged to despatch her promptly upon the voyage. Moreover, since commencement of the voyage without delay is for the benefit of both parties, the charterers are also under an obligation to enable the ship to sail promptly, without unreasonable delay for the completion of those formalities which fall to be attended to by them, such as presenting bills of lading for signature; and this obligation arises even though the laydays have not been fully utilised.

The Nolisement was chartered to load a cargo for delivery at a port to be nominated by the charterer not later than 24 hours after vessel’s arrival at a port of call. Loading was completed 19 days before expiry of laytime, but a further three days’ delay then ensued while the charterers, who had decided to nominate the discharging port at the same time as the signing of bills of lading, made up their mind which discharging port to nominate. It was common ground that one day after completion of loading was a reasonable time for the signing of bills of lading and other formalities. The owners claimed damages for detention.

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