Nippon Yusen Kaisha v Scindia Steam Navigation Co Ltd - QBD (Com Ct)(Rix J) - 30 April 1998

Time charter - Port authority ordering vessel off discharging berth until security provided for cost of removing damaged cargo - Whether vessel ‘detained’ by port authority’s actions - Whether vessel off-hire

The vessel was ordered off her discharging berth by the port authorities until security was put up for the costs of storing and removing from the port area cargo which had been damaged by an ingress of seawater. The issues in this case were: Who, under the time charter, was responsible for putting up that security - owners or charterers? Was the vessel off-hire pending the provision of security? Was the vessel ‘delayed’ or ‘detained’?