NYK Bulkship (Atlantic) NV v Cargill International SA (The "Global Santosh") [2013] EWHC 30 (Comm)

Buyer and notify party’s faulty discharging equipment causing delay in unloading – Off-hire clause containing proviso as to defaults by charterers and their agents – Cargo arrested for demurrage claim – Ship also mistakenly arrested

A time charterparty dated 11 September 2008 had been made on amended NYPE terms. Under the charterparty NYK Bulkship, the claimant, as disponent owners chartered Global Santosh to Cargill, the defendant, for one time-charter trip from Sweden to west Africa.