The "Abchurch" Steamship Co., Ltd v. Stinnes [1911] ScotLR 865 (14 June 1911)

The "Abchurch" Steamship Co., Ltd v. Stinnes [1911] ScotLR 865 (14 June 1911)

Delay caused by inability to obtain a berth due to port congestion is not 'detention by cranes' within the meaning of the charter-party exception, nor is it covered by 'any other unavoidable cause' as those words are limited by the ejusdem generis rule to causes similar to those specified, which do not include ordinary port congestion. The risk of obtaining a berth is on the charterer when lay-days run from notice of readiness, not from obtaining a berth.

Citation
[1911] ScotLR 865
Parties
Pursuer/appellant: The 'Abchurch' Steamship Company, Limited; Defender/respondent: Hugo Stinnes
Jurisdiction
Scotland
Judgment Date
14 June 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled; decree for pursuers
Legal Topics
Charter Party, Demurrage, Lay Days, Exceptions Clauses, Ejusdem Generis
Shipping Contract Charter Party Demurrage Lay Days Exceptions Clauses Ejusdem Generis

Case Brief

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Parties

The 'Abchurch' Steamship Company, Limited

Pursuer/appellant

Hugo Stinnes

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether delay due to failure to obtain a berth and crane at port is 'detention by cranes' under the charter-party exception clause
  2. 2 Whether 'any other unavoidable cause' in the exception clause covers delay from port congestion

Ratio Decidendi

Delay caused by inability to obtain a berth due to port congestion is not 'detention by cranes' within the meaning of the charter-party exception, nor is it covered by 'any other unavoidable cause' as those words are limited by the ejusdem generis rule to causes similar to those specified, which do not include ordinary port congestion. The risk of obtaining a berth is on the charterer when lay-days run from notice of readiness, not from obtaining a berth.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled; decree for pursuers

Orders

  • Defender found liable for demurrage in the sum sued for (£77 8s)