Standard P&I Club Case law – The Eternal Bliss: demurrage is the only remedy available from a voyage charterer for losses arising from failure to complete cargo operations within laytime
Standard Club has published a summary on the case of The Eternal Bliss. The Court of Appeal has overturned the previous Commercial Court judgment, concluding that demurrage ‘liquidates the whole of the damages arising from a charterer’s breach of charter in failing to complete cargo operations within the laytime and not merely some of them. Accordingly, if a shipowner seeks to recover damages in addition to demurrage arising from delay, it must prove a breach of a separate obligation’. An appeal has now been granted by The Supreme Court.
Relevant links to Standard Club’s website may be found here:
https://www.standard-club.com/knowledge-news/k-line-pte-ltd-v-priminds-shipping-hk-co-ltd-the-eternal-bliss-4686/
https://www.standard-club.com/knowledge-news/case-law-the-eternal-bliss-demurrage-is-the-only-remedy-available-from-a-voyage-charterer-for-losses-arising-from-failure-to-complete-cargo-operations-within-laytime-3955/