Glencore Grain Ltd v Flacker Shipping Ltd (The "Happy Day") - Court of Appeal (Potter and Arden LJJ and Sir Denis Henry) - 15 July 2002

Notice of readiness at discharge port invalid - Vessel commencing and completing discharge - Whether shipowners entitled to demurrage

This appeal raised the question which Mustill LJ in The Mexico I [1990] 1 Lloyd's Rep 507, 510 had left open for "detailed exploration" should it arise in future, namely what were the rights of owners to demurrage and charterers to despatch when, under a charterparty which provided for a notice of readiness ("NOR") to be given at the discharge port to trigger the start of laytime the owners gave NOR which was invalid for prematurity, yet the vessel thereafter commenced and completed discharge over a period well in excess of the number of laydays provided for.