Westoll v. Lindsay [1916] ScotLR 608 (15 June 1916)

Westoll v. Lindsay [1916] ScotLR 608 (15 June 1916)

The strike clause in the charter-party only suspends the running of lay-days during the actual continuance of a strike by workmen essential to discharge. Once the strike ends, lay-days and demurrage days resume, and the charterer is liable for demurrage caused by post-strike congestion. The risk of berth availability remains with the charterer. The clause does not exempt the charterer from demurrage liability for delays occurring after the strike has ended.

Citation
[1916] ScotLR 608
Parties
Pursuer: James Westoll; Defender: W. N. Lindsay
Jurisdiction
Scotland
Judgment Date
15 June 1916
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Decision
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; decree granted for pursuer
Legal Topics
Charter Party, Demurrage, Strike Clause, Interpretation of Contract, Liquidated Damages
Maritime Law Contract Law Charter Party Demurrage Strike Clause Interpretation of Contract Liquidated Damages

Case Brief

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Parties

James Westoll

Pursuer

W. N. Lindsay

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Decision

Legal Issues

  1. 1 Does a strike clause in a charter-party exempt the charterer from liability for demurrage when delay is caused by post-strike congestion rather than a strike in progress?
  2. 2 Does the exemption for 'delay by reason of' a strike include demurrage claims after the strike has ended?

Ratio Decidendi

The strike clause in the charter-party only suspends the running of lay-days during the actual continuance of a strike by workmen essential to discharge. Once the strike ends, lay-days and demurrage days resume, and the charterer is liable for demurrage caused by post-strike congestion. The risk of berth availability remains with the charterer. The clause does not exempt the charterer from demurrage liability for delays occurring after the strike has ended.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; decree granted for pursuer

Orders

  • Lord Ordinary's interlocutor recalled
  • Decree granted in terms of the conclusions of the summons (for £400 demurrage)