Frontier International Shipping Corp v Swissmarine Corporation Inc (The "Cape Equinox") - QBD (Com Ct) (Nigel Teare QC sitting as a Deputy Judge of the High Court) - 11 January 2005

Strikes clause - Americanised Welsh Coal charter - Discharge of cargo interrupted by strike of consignee's employees - Whether charterers had to prove that strikes were outside control of consignee in order to interrupt laytime

The vessel Cape Equinox was chartered on an Americanised Welsh Coal Charter Form (amended 1979) for a voyage from Dalrymple Bay Coal Terminal in Australia to Lazaro Cardenas in Mexico. The vessel arrived at the discharge port on 12 December 2001 and discharge commenced on 13 December. There was then a strike of employees of the receivers and consignees of the cargo which commenced on 17 December and did not end until 16 January 2002.