5/81

Demurrage - Whether laytime began before routine inspection

The owners claimed for balance of demurrage, the dispute being concerned with the commencement of laytime. The owners pleaded that laytime commenced at 08 00 on May 10 while the charterers argued that it commenced at 14 45 on May 13. The difference between the parties concerned the effect of the vessel’s inspection, by the Chinese harbour authorities on May 12, the charterers contending that such was a condition precedent to the commencement of laytime while the owners took the view that the inspection was a mere formality which should have no effect on the commencement of laytime. The inspection itself took 40 minutes and there was no evidence to show that this was other than the approximate usual time for this operation. The inspection did not find anything untoward with the vessel and was not causative of any delay to the ship; after the inspection the vessel waited for a discharge berth for about a week.