Dampskibsselskabet Svendborg v. Love & Stewart, Ltd [1915] ScotLR 456 (26 February 1915)

Dampskibsselskabet Svendborg v. Love & Stewart, Ltd [1915] ScotLR 456 (26 February 1915)

The strike at the charterers' yard did not constitute a strike of workmen essential to the discharge of the cargo within the meaning of the charter-party. The operation of discharge was complete when the cargo was placed onto railway waggons at the quay, and the inability to receive the cargo at the yard was not a valid excuse for delay. The charterers failed to use reasonable diligence to dispose of the cargo by other means. On the freight issue, the shipowners failed to provide sufficient legal proof of their higher measurement at the port of loading; thus, the quantity admitted by the charterers and stated in the bill of lading was accepted.

Citation
[1915] ScotLR 456
Parties
Pursuer: Dampskibsselskabet Svendborg; Defender: Love & Stewart, Limited
Jurisdiction
Scotland
Judgment Date
26 February 1915
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed in part; decree for demurrage affirmed, decree for additional freight reversed.
Legal Topics
Charter Party, Demurrage, Freight Measurement, Custom of Port, Strike Clause, Burden of Proof
Maritime Law Contract Law Charter Party Demurrage Freight Measurement Custom of Port Strike Clause Burden of Proof

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Parties

Dampskibsselskabet Svendborg

Pursuer

Love & Stewart, Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the charterers are liable for demurrage due to delay in discharge caused by a strike at their yard.
  2. 2 Whether the shipowners are entitled to additional freight based on their measurement of cargo at the port of loading.

Ratio Decidendi

The strike at the charterers' yard did not constitute a strike of workmen essential to the discharge of the cargo within the meaning of the charter-party. The operation of discharge was complete when the cargo was placed onto railway waggons at the quay, and the inability to receive the cargo at the yard was not a valid excuse for delay. The charterers failed to use reasonable diligence to dispose of the cargo by other means. On the freight issue, the shipowners failed to provide sufficient legal proof of their higher measurement at the port of loading; thus, the quantity admitted by the charterers and stated in the bill of lading was accepted.

Court Disposition

Appeal allowed in part; decree for demurrage affirmed, decree for additional freight reversed.

Orders

  • Defenders to pay pursuers £220 with interest for demurrage.
  • Defenders assoilzied (absolved) from the claim for additional freight (£87).