HALCYON STEAMSHIP COMPANY, LTD. v. CONTINENTAL GRAIN COMPANY.

(1943) 75 Ll.L.Rep. 80

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Goddard.

Charter-party-Rate of hire-Insurance cover -"Neutral trading"-"Trading belligerents" -Duty of master to sign bills of lading-Right of charterers to discontinue loading upon master's refusal to sign- Discretion of master under war clauses- Damages - Time charter of vessel - Charterers to pay hire at rate of 3 dols. 40 cents if neutral trading; 3 dols. 70 cents if trading belligerent Mediterranean; 4 dols. if trading belligerents other than Mediterranean-Master to sign bills of lading for cargo as presented, in conformity with mate's or tally clerk's receipts-"If steamer trades to belligerent port . . . belligerent rate . . . is to count from the time vessel is ready to receive cargo until she sails from discharging port"-Charterers to insure vessel against war risk on valuation of £65,000 "if trades neutral or belligerent Mediterranean"; £80,000 "if trades to other belligerent areas"-Incorporation of Chamber of Shipping War Clauses Amended, 1937-Vessel, having discharged cargo at Havre, ordered by charterers to proceed in ballast to Boston (Mass.) (then neutral) via Port Talbot for bunkers- Loading of cargo commenced at Boston- Refusal by master to sign bills of lading until all cargo shipped-Arbitration- Consultative case stated under Sect. 9 (1) (a) of Arbitration Act, 1934-Questions for Court:- (a) Whether on the true construction of the charter-party and the facts found the rate of four dollars per ton was payable from, Apr. 5 (date of leaving Havre) to Apr. 16 (date of leaving Port Talbot after bunkering), or part of such period. (b) Whether the charterers were bound to hand over cover notes for insurance on a valuation of £80,000 before the vessel left Havre. (c) Whether the charterers were entitled to present and require the master to sign bills of lading for each parcel of cargo as and when shipped. (d) Whether the refusal of the master so to sign entitled the charterers to discontinue loading until bills of lading for cargo already loaded were signed. (e) Whether the steamer was off hire under the charter-party while lying idle during the discontinuance of loading. (f) Whether, in assessing the damages (if any) to which the charterers were entitled in respect of the delay in signing bills of lading, sums representing loss of use of the ship or of the ship's services, or expenses incurred under the charter-party by the charterers during the period of the delay, should be included or taken into account.