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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

17/11/2009

"Lowlands Orchid" – Cobelfret Bulk Carriers NV v Swissmarine Services SA

This is an archived article, and some links may not work. Contact us if you have any questions.

In this case owners claimed demurrage from charterers.  The issue was whether time counted during “super-holidays” at the discharge port.  The recap provided "25,000 mt SHINC".  The recap incorporated the terms of a pro-forma charterparty, clause 63 of which provided "25,000 mt SHINC (excluding superholidays)".  Beatson J. found in favour of charterers.  The judge held that the recap and clause 63 were not inconsistent, but could be read together, such that time did not count during “superholidays”.  In so doing Beatson J. relied on Pagnan v Tradax [1987] 2 Lloyd's Rep.342, The Eternity [2009] 2 Lloyd's Rep.107 and The Leonidas [2001] 1 Lloyd's Rep.533.

The case has important ramifications for owners, charterers and brokers alike.  If a party wishes to prevent a term in a recap from being qualified by the words of an incorporated pro-forma charterparty, then the sensible course would be to include an express term in the recap to that effect.

Charles Kimmins acted for charterers.  Michael Ashcroft acted for owners.


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