Author: Carolina Graca
K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The“Eternal Bliss”) – QBD (Comm Ct) (Andrew Baker J) EWHC 2373 (Comm) – 7 September 2020
NORGRAIN – DEMURRAGE – DAMAGES – LIQUIDATED DAMAGES
When vessel was required to wait at anchorage for 31 days due to berth congestion and lack of space for the cargo, the cargo was found to be significantly damaged in the form of mold and caking. The receiver successfully claimed damages from the owner who in turn claimed it from the charterer. The charterer claimed owner’s sole recourse was that of demurrage.
FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”) – QBD (Comm Ct) (Cockerill J)  EWHC 1765 (Comm) – 3 July 2020
ARBITRATION TIME BAR – MISDELIVERY OF CARGO – ARBITRATION ACT 1996 – DEMISE CHARTERER
When the bank alleged misdelivery of cargo basis a lack of bills of lading, the lawyers requested an extension of time for arbitration against the owner rather than the demise charterer. The court was then tasked with determining whether the claimant is entitled to an extension of the arbitration time bar.
EURONAV NV V REPSOL TRADING SA (THE “MARIA”) – QBD (COMM CT) (HENSHAW J)  EWHC 2565 (COMM) – 24 SEPTEMBER 2021
SHELLVOY 6 – DEMURRAGE – TIME BAR – COMPLETION DATE – WHETHER CLAIM TIME-BARRED
On October 23, 2019, The Maria vessel was chartered on a Shellvoy 6 form to carry crude oil from Brazil to different US west coast ports, including Long Beach, California. The issue was if the owners’ claim for US$487K plus interest was time-barred.
DEMURRAGE – DETENTION – DAMAGES – BUNKERS – QUANTUM MERUIT
The vessel arrived at the port and tendered NOR. Charterers declared discharging was not allowed until berthing. Owner initially claimed demurrage then revised it by way of quantum meruit to include the cost of bunkers consumed.
AI Georgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd (The “Marquessa”) – QBD (Comm Ct) (Henshaw J)  EWHC 2319 (Comm) – 17 August 2021
SHELLTIME 4 – NON-PAYMENT OF DAILY HIRE – REPUDIATORY BREACH –DAMAGES – MITIGATION OF HIRE VS DAMAGES
When charterer failed to pay hire owner considered this a repudiatory breach of the charter and claimed for this hire and also damages covering delays incurred after the breach.