Blue Anchor Line v. Alfred C. Toepfer International (The Union Amsterdam) - Q.B.D. (Com.Ct.) (Parker J.) - 7 April 1982

Whether owners entitled to demurrage where delay caused by master’s negligence

Laytime expired while the vessel was awaiting berth at the discharging port. Demurrage had begun to accrue under the charterparty when a berth became available and pilots boarded in order to take her into the berth. About 90 minutes later she grounded and remained aground for some 5 days. The owners claimed that demurrage continued to accrue during this period. The charterers’ case was that as the arbitrator had found that the grounding was due to the default of the owners (because of the negligent navigation of the master), they (charterers) were excused from the obligation to pay demurrage during the period the vessel was aground. The owners contended that even if their master was negligent, this did not avail the charterers by reason of clause 35 of the charterparty, which provided: