The Horsley Line, Ltd v. Roechling Brothers [1908] ScotLR 691 (29 May 1908)

The Horsley Line, Ltd v. Roechling Brothers [1908] ScotLR 691 (29 May 1908)

Lay days commenced at the time the vessel was reported at the Custom House, as stipulated in the charter-party and supported by port custom. Charterers are entitled to lay days and demurrage calculated by actual time (including fractions of days), not whole days, where the contract provides for a rate per day. The strike/exception clause does not apply to a standing port custom prohibiting discharge while moored end-on to quay, as it is not a strike or riot.

Citation
[1908] ScotLR 691
Parties
Pursuer: The Horsley Line, Limited; Defender: Roechling Brothers
Jurisdiction
Scotland
Judgment Date
29 May 1908
Procedural Posture
Civil (commercial Shipping) / Appeal (reclaiming Note) in the Inner House, Final Judgment
Outcome
Defenders' reclaiming note refused; decree for pursuers.
Legal Topics
Charter Party Interpretation, Lay Days and Demurrage, Custom of Port, Calculation of Lay Days and Demurrage, Strike/exception Clauses
Shipping Law Contract Law Charter Party Interpretation Lay Days and Demurrage Custom of Port Calculation of Lay Days and Demurrage Strike/exception Clauses

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Parties

The Horsley Line, Limited

Pursuer

Roechling Brothers

Defender

Procedural Posture

Civil (commercial Shipping) / Appeal (reclaiming Note) in the Inner House, Final Judgment

Legal Issues

  1. 1 When do lay days commence under the charter-party?
  2. 2 Are charterers entitled to whole days or fractions for lay days and demurrage?
  3. 3 Does the strike/exception clause apply to refusal to discharge while moored end-on to quay?

Ratio Decidendi

Lay days commenced at the time the vessel was reported at the Custom House, as stipulated in the charter-party and supported by port custom. Charterers are entitled to lay days and demurrage calculated by actual time (including fractions of days), not whole days, where the contract provides for a rate per day. The strike/exception clause does not apply to a standing port custom prohibiting discharge while moored end-on to quay, as it is not a strike or riot.

Court Disposition

Defenders' reclaiming note refused; decree for pursuers.

Orders

  • Decree for pursuers (The Horsley Line, Limited) for £151, 11s. 3d. against defenders (Roechling Brothers).