CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd

The obligation of utmost despatch attached at such time as it was reasonable to suppose the vessel would leave Antifer for Rotterdam after a reasonable period for discharge, informed by the itinerary in the charterparty. The Owner failed to exercise utmost despatch, breaching the charterparty and entitling the Charterer to damages.

Parties: Claimant/respondent: CSSA Chartering and Shipping Services SA; Defendant/appellant: Mitsui OSK Lines Ltd
Jurisdiction: England and Wales
Judgment Date: 06 November 2018
Procedural Posture: Civil Appeal / Court of Appeal Judgment and Order
Outcome: Appeal dismissed
Legal Topics: Voyage Charterparty, Obligation of Utmost Despatch, Damages for Breach of Charterparty, Interpretation of Charterparty Terms

Commercial Law Maritime Law Voyage Charterparty Obligation of Utmost Despatch Damages for Breach of Charterparty Interpretation of Charterparty Terms

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Parties

CSSA Chartering and Shipping Services SA

Claimant/respondent

Mitsui OSK Lines Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment and Order

Legal Issues

1 Whether an absolute obligation to commence the approach voyage arises when only intermediate port ETAs are given, not ETA at loading port
2 Whether the obligation of utmost despatch attaches at a reasonable time informed by charterparty terms
3 Whether exceptions in the charterparty apply before the approach voyage begins

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellant shall pay Respondent’s costs of the appeal in the sum of £64,386.01 within 14 days.
Appellant’s application for permission to appeal to the Supreme Court to be dealt with by written submissions as per specified timetable.