Tidebrook Maritime Corporation v Vitol SA of Geneva ("Front Commander")

Tidebrook Maritime Corporation v Vitol SA of Geneva ("Front Commander")

Consent by charterers to early NOR, berthing, and loading, given in writing, constituted consent to early commencement of laytime under clause 31. Clause 33 operates to split the time from berthing until commencement of laydays 50/50 between owners and charterers. The owners' construction is correct: laytime commenced at berthing on 8 January, with the relevant time split as per clause 33. The appeal is allowed and the owners are entitled to the claimed demurrage.

Parties
Appellant/claimant: Tidebrook Maritime Corporation; Respondent/defendant: Vitol SA of Geneva
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Civil Appeal (charterparty/commercial) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Charterparty Interpretation, Laytime and Demurrage, Notice of Readiness, Early Loading, Contractual Construction
Commercial Law Maritime Law Charterparty Interpretation Laytime and Demurrage Notice of Readiness Early Loading Contractual Construction

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Parties

Tidebrook Maritime Corporation

Appellant/claimant

Vitol SA of Geneva

Respondent/defendant

Procedural Posture

Civil Appeal (charterparty/commercial) / Court of Appeal Judgment

Legal Issues

  1. 1 If or when the NOR given at 00.01 on 8 January 2004 became effective for the purpose of the commencement of laytime.
  2. 2 At what date and time laytime commenced.
  3. 3 Whether the charterers by their email of 6 or 7 January or by commencing loading consented to laytime commencing prior to the first day of the laycan, which was 9 January.

Ratio Decidendi

Consent by charterers to early NOR, berthing, and loading, given in writing, constituted consent to early commencement of laytime under clause 31. Clause 33 operates to split the time from berthing until commencement of laydays 50/50 between owners and charterers. The owners' construction is correct: laytime commenced at berthing on 8 January, with the relevant time split as per clause 33. The appeal is allowed and the owners are entitled to the claimed demurrage.

Court Disposition

Appeal allowed

Orders

  • Charterers to pay owners US$70,489.71 as demurrage.