"Arden" Steamship Co., Ltd v. William Mathwin & Son [1911] ScotLR 143 (30 November 1911)

"Arden" Steamship Co., Ltd v. William Mathwin & Son [1911] ScotLR 143 (30 November 1911)

The delay was not covered by the exceptions in the charter-party because the failure of the collieries to produce the required coal was not a 'stoppage' in the ordinary sense, nor was it an accident or cause preventing or delaying loading. The obligation to provide a cargo is absolute unless clearly qualified, and the exceptions did not apply to the circumstances of this case.

Citation
[1911] ScotLR 143
Parties
Pursuer: “Arden” Steamship Company, Limited; Defender: William Mathwin & Son
Jurisdiction
Scotland
Judgment Date
30 November 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled; defenders found liable for demurrage and payment ordered
Legal Topics
Charter Party, Demurrage, Contract Interpretation, Exceptions Clauses
Shipping Contract Charter Party Demurrage Contract Interpretation Exceptions Clauses

Case Brief

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Parties

“Arden” Steamship Company, Limited

Pursuer

William Mathwin & Son

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the delay in loading the vessel was covered by the exceptions in the charter-party, specifically 'stoppages at collieries' or 'any accident or cause beyond control of the charterers which may prevent or delay the loading'.
  2. 2 Whether the obligation to provide a cargo is absolute or qualified by the exceptions in the charter-party.

Ratio Decidendi

The delay was not covered by the exceptions in the charter-party because the failure of the collieries to produce the required coal was not a 'stoppage' in the ordinary sense, nor was it an accident or cause preventing or delaying loading. The obligation to provide a cargo is absolute unless clearly qualified, and the exceptions did not apply to the circumstances of this case.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled; defenders found liable for demurrage and payment ordered

Orders

  • Recall the interlocutor of the Sheriff-Substitute dated 29th November 1910.
  • Find in fact that the delay in loading arose from causes for which the charterers are not excused under the charter-party.