ROYAL GREEK GOVERNMENT v. MINISTER OF TRANSPORT.

(1947) 81 Ll.L.Rep. 355

KING'S BENCH DIVISION.

Before Mr. Justice Sellers.

Charter-party-Hire-Cesser of hire- "Deficiency of men . . . or other accident"- "Inability to get or to complete a crew"- Time charter of ship-Ship ready to sail- Full complement of officers and crew- Refusal to sail except in convoy-Delay- Liability of charterer for hire during delay. 11 (A). In the event of drydocking or other necessary measures to maintain the efficiency of the vessel, deficiency of men or owners' stores, breakdown of machinery, damage to hull or other accident, either hindering or preventing the working of the vessel and continuing for more than twenty-four consecutive hours, no hire to be paid in respect of any time lost thereby during the period in which the vessel is unable to perform the service immediately required. 13. . . . The owners not to be liable for loss or damage arising or resulting from strikes, lock-outs or stoppage or restraint of labour (including the master, officers or crew) whether partial or general. Subject to Clause 11 (A) and Addendum thereto. . . 34. Addendum to Clause 11 (A). Notwithstanding the provisions of Clause 11 (A) it is agreed that in the event of loss of time due solely to inability to get or to complete a crew (a) full hire will be paid for the first seventy-two hours of such loss of time and (b) in the event of such loss of time taking place at a port in the United Kingdom or in ports in the British Empire overseas and continuing beyond such seventy-two hours, half hire will be paid for a further period of seventy-two hours, but thereafter hire shall cease until the vessel is again ready to resume her service. . . .

Arbitration-Award that Clause 11 (A) and its Addendum did not relieve the charterer in whole or in part from his obligation to pay hire - Case stated - Meaning of "deficiency of men"-"Or other accident."