Triton Navigation Ltd. v Vitol S.A. [2003] EWHC 46 (Comm) (23 January 2003)

Triton Navigation Ltd. v Vitol S.A. [2003] EWHC 46 (Comm) (23 January 2003)

Charterers were liable for demurrage as the delay at Sikka was caused by their failure to have cargo available when the vessel was ready, not by owners' fault or vessel's condition. Charterparty clauses did not excuse charterers from liability. Owners were not entitled to additional diesel oil costs for Limassol deviation, as demurrage covered such expenses. For Thessalonika, owners were entitled to demurrage except for the period attributable to their failure to maintain required pumping pressure; disbursement recovery was reduced accordingly.

Citation
[2003] EWHC 46 (Comm)
Parties
Claimant: Triton Navigation Ltd; Defendant: Vitol S.A.
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Commercial Court Trial / Judgment After Trial
Outcome
Partially in favour of claimant
Legal Topics
Demurrage, Laytime, Charterparty Interpretation, Deviation, Discharge Obligations
Shipping Law Contract Law Demurrage Laytime Charterparty Interpretation Deviation Discharge Obligations

Case Brief

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Parties

Triton Navigation Ltd

Claimant

Vitol S.A.

Defendant

Procedural Posture

Commercial Court Trial / Judgment After Trial

Legal Issues

  1. 1 Whether charterers are liable for demurrage due to delay at loading port
  2. 2 Whether additional expenses for deviation to Limassol are recoverable
  3. 3 Whether demurrage is payable for slow discharge at Thessalonika

Ratio Decidendi

Charterers were liable for demurrage as the delay at Sikka was caused by their failure to have cargo available when the vessel was ready, not by owners' fault or vessel's condition. Charterparty clauses did not excuse charterers from liability. Owners were not entitled to additional diesel oil costs for Limassol deviation, as demurrage covered such expenses. For Thessalonika, owners were entitled to demurrage except for the period attributable to their failure to maintain required pumping pressure; disbursement recovery was reduced accordingly.

Court Disposition

Partially in favour of claimant

Orders

  • Charterers to pay US$291,691.75 demurrage for Sikka delay
  • Charterers to pay US$37,183.33 demurrage for Thessalonika discharge, less time attributable to owner's breach