Glasgow Navigation Co., Ltd v. Iron Ore Co., Ltd [1909] ScotLR 908 (20 July 1909)

Glasgow Navigation Co., Ltd v. Iron Ore Co., Ltd [1909] ScotLR 908 (20 July 1909)

The delay was caused by congestion at the consignee's works, not by stoppage on the railway. The charterers and their agents did everything possible to facilitate discharge, and the cause of delay was beyond their personal control. The consignees were not agents of the charterers. Therefore, the charterers are exempted from liability for demurrage under the charter-party exceptions.

Citation
[1909] ScotLR 908
Parties
Pursuer: Glasgow Navigation Company, Limited; Defender: Iron Ore Company, Limited
Jurisdiction
Scotland
Judgment Date
20 July 1909
Procedural Posture
Civil Appeal (demurrage Claim) / Final Appellate Judgment (court of Session, Inner House, Second Division)
Outcome
appeal allowed; defenders assoilzied (absolved) from liability for demurrage
Legal Topics
Charter Party, Demurrage, Exceptions Clauses, Agency, Liability for Delay
Shipping Contract Charter Party Demurrage Exceptions Clauses Agency Liability for Delay

Case Brief

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Parties

Glasgow Navigation Company, Limited

Pursuer

Iron Ore Company, Limited

Defender

Procedural Posture

Civil Appeal (demurrage Claim) / Final Appellate Judgment (court of Session, Inner House, Second Division)

Legal Issues

  1. 1 Whether the delay in discharging cargo was covered by the charter-party exceptions for 'stoppage on railway' or 'causes beyond the personal control of the charterers or their agents'.
  2. 2 Whether the charterers were liable for demurrage due to delay caused by congestion at the consignee's works.

Ratio Decidendi

The delay was caused by congestion at the consignee's works, not by stoppage on the railway. The charterers and their agents did everything possible to facilitate discharge, and the cause of delay was beyond their personal control. The consignees were not agents of the charterers. Therefore, the charterers are exempted from liability for demurrage under the charter-party exceptions.

Court Disposition

appeal allowed; defenders assoilzied (absolved) from liability for demurrage

Orders

  • Interlocutors of the Sheriff and Sheriff-Substitute recalled.
  • Defenders assoilzied from the conclusions of the summons.