The Moor Line, Ltd v. Distillers Co., Ltd [1911] ScotLR 407 (08 February 1911)

The Moor Line, Ltd v. Distillers Co., Ltd [1911] ScotLR 407 (08 February 1911)

A claim for demurrage is a claim for damages within the meaning of the charter-party exemption clause, and is therefore excluded where the delay is caused by a strike or its after-effects, provided the clause is clear and unambiguous.

Citation
[1911] ScotLR 407
Parties
Pursuer: The Moor Line, Limited; Defender: Distillers Company, Limited
Jurisdiction
Scotland
Judgment Date
08 February 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Interlocutor
Outcome
appeal dismissed
Legal Topics
Charter Party Construction, Demurrage, Exemption Clauses, Liquidated Damages, Delay Due to Strike
Shipping Contract Charter Party Construction Demurrage Exemption Clauses Liquidated Damages Delay Due to Strike

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Parties

The Moor Line, Limited

Pursuer

Distillers Company, Limited

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Interlocutor

Legal Issues

  1. 1 Whether a claim for demurrage is excluded by an exemption clause in the charter-party as being a claim for damages arising from delay due to a strike or its after-effects.

Ratio Decidendi

A claim for demurrage is a claim for damages within the meaning of the charter-party exemption clause, and is therefore excluded where the delay is caused by a strike or its after-effects, provided the clause is clear and unambiguous.

Court Disposition

appeal dismissed

Orders

  • interlocutor of Sheriff-Substitute affirmed
  • case remitted to Sheriff Court for further procedure