Owners of Lady Palmer v. Ottmann [1903] ScotLR 41_144 (11 December 1903)

Owners of Lady Palmer v. Ottmann [1903] ScotLR 41_144 (11 December 1903)

The delay in discharging the vessel was due to scarcity of waggons and detention by railways, not attributable to the fault or neglect of the charterer, and thus the charterer is protected by the exceptions clause in the charter-party and not liable for demurrage for the period of discharge. The 'working day' for lay-day calculation at the port of loading is twelve hours, not twenty-four.

Citation
[1903] ScotLR 41_144
Parties
Pursuer: Owners of Lady Palmer; Defender: H. Ottmann
Jurisdiction
Scotland
Judgment Date
11 December 1903
Procedural Posture
Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division
Outcome
interlocutor of Sheriff-Substitute recalled; decree for £19, 3s. 4d. in favour of pursuers for demurrage at loading port; defender assoilzied (absolved) from further liability for demurrage at discharge port
Legal Topics
Charter Party, Demurrage, Lay Days, Exceptions Clause, Liability for Delay
Shipping Contract Charter Party Demurrage Lay Days Exceptions Clause Liability for Delay

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Parties

Owners of Lady Palmer

Pursuer

H. Ottmann

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether 'working day' in the charter-party means 12 or 24 hours for lay-day calculation
  2. 2 Whether the charterer is liable for demurrage due to delay in discharge caused by scarcity of waggons and detention by railways

Ratio Decidendi

The delay in discharging the vessel was due to scarcity of waggons and detention by railways, not attributable to the fault or neglect of the charterer, and thus the charterer is protected by the exceptions clause in the charter-party and not liable for demurrage for the period of discharge. The 'working day' for lay-day calculation at the port of loading is twelve hours, not twenty-four.

Court Disposition

interlocutor of Sheriff-Substitute recalled; decree for £19, 3s. 4d. in favour of pursuers for demurrage at loading port; defender assoilzied (absolved) from further liability for demurrage at discharge port

Orders

  • Recall interlocutor appealed against
  • Decree for £19, 3s. 4d. sterling in favour of pursuers for demurrage at loading port