Kassiopi Maritime Co Ltd v Fal Shipping Co.Ltd
Clause 19.7.3 does not require owners to disclose all documents as in arbitration but does require all supporting documentation relevant to the claim; Clause 20.1 requires all supporting documentation substantiating each part of the claim to be presented within 90 days. Failure to provide port logs and time sheets meant the claim was time barred.
- Parties
- Claimant: Kassiopi Maritime Co Ltd; Defendant: Fal Shipping Co Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2015
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed; claim for demurrage time barred.
- Legal Topics
- Demurrage, Time Bar Clauses, Charterparty Interpretation, Supporting Documentation
Case Brief
Summary, issues, holding and outcome
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Parties
Kassiopi Maritime Co Ltd
Claimant
Fal Shipping Co Ltd
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Interpretation of Clause 19.7 and Clause 20.1 of BPVoy4 charterparty
- 2 Obligation to provide supporting documentation with demurrage claim
- 3 Scope of 'documentation maintained by those on board the Vessel'
Ratio Decidendi
Clause 19.7.3 does not require owners to disclose all documents as in arbitration but does require all supporting documentation relevant to the claim; Clause 20.1 requires all supporting documentation substantiating each part of the claim to be presented within 90 days. Failure to provide port logs and time sheets meant the claim was time barred.
Court Disposition
Appeal dismissed; claim for demurrage time barred.
Orders
- Owners' claim for demurrage is dismissed as time barred.
- No further relief granted.
Full Case Text
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