Krog & Co. v. Burns & Lindemann [1903] ScotLR 40_874 (17 July 1903)

Krog & Co. v. Burns & Lindemann [1903] ScotLR 40_874 (17 July 1903)

Charterers are liable for demurrage where, by use of reasonable despatch, they should have had sufficient cargo ready to enable the vessel to take a berth when available, and the delay is not excused by the exceptions clause; lay-days commenced at noon on July 30th, and demurrage is due for the period of delay thereafter, excluding time covered by exceptions.

Citation
[1903] ScotLR 40_874
Parties
Pursuer: Kommanditbolaget J Fenger Krog & Company; Defender: Burns & Lindemann
Jurisdiction
Scotland
Judgment Date
17 July 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary affirmed
Legal Topics
Charter Party, Demurrage, Lay Days, Exceptions Clause, Delay in Providing Cargo, Custom of Port
Maritime Law Contract Law Charter Party Demurrage Lay Days Exceptions Clause Delay in Providing Cargo Custom of Port

Case Brief

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Parties

Kommanditbolaget J Fenger Krog & Company

Pursuer

Burns & Lindemann

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 When do lay-days commence under a charter-party with exceptions for holidays and delays?
  2. 2 Are charterers liable for demurrage when delay is due to lack of cargo, and does the exceptions clause apply?

Ratio Decidendi

Charterers are liable for demurrage where, by use of reasonable despatch, they should have had sufficient cargo ready to enable the vessel to take a berth when available, and the delay is not excused by the exceptions clause; lay-days commenced at noon on July 30th, and demurrage is due for the period of delay thereafter, excluding time covered by exceptions.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary affirmed

Orders

  • Defenders to pay pursuers £26, 14s. 5d. with interest in full of the conclusions of the summons
  • Defenders found liable in expenses