Scindia Steamship Navigation Company Ltd Bombay v Nippon Yusen Kaisha Ltd [2000] EWCA Civ 93 (28 March 2000)

Scindia Steamship Navigation Company Ltd Bombay v Nippon Yusen Kaisha Ltd [2000] EWCA Civ 93 (28 March 2000)

The vessel was detained within the meaning of clause 72, requiring owners to provide security; the vessel was off-hire under clause 53 during the period of detention or delay; charterers were not in breach of clause 8 for failing to provide security, as the obligation did not extend to such security for storage or removal of damaged cargo.

Citation
[2000] EWCA Civ 93
Parties
Appellant: Appellant owners; Respondent: Respondent charterers
Jurisdiction
England and Wales
Judgment Date
28 March 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Time Charter, Off Hire Clauses, Detention, Provision of Security, Allocation of Expenses, Interpretation of Charterparty Clauses
Maritime Law Contract Law Time Charter Off Hire Clauses Detention Provision of Security Allocation of Expenses Interpretation of Charterparty Clauses

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Parties

Appellant owners

Appellant

Respondent charterers

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the vessel was 'detained' under clause 72 of the charterparty
  2. 2 Who is responsible for providing security required by port authorities for damaged cargo
  3. 3 Whether the vessel was off-hire under clause 53 during the period of delay or detention

Ratio Decidendi

The vessel was detained within the meaning of clause 72, requiring owners to provide security; the vessel was off-hire under clause 53 during the period of detention or delay; charterers were not in breach of clause 8 for failing to provide security, as the obligation did not extend to such security for storage or removal of damaged cargo.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with Respondents' costs.