Mosvolds Rederi A/S v. Food Corporation of India (The King Theras) - Q.B.D. (Com.Ct.) (Staughton J.) - 26 July 1982

Demurrage - Method of calculation where four lightening vessels used for discharge

The charterparty provided that when the vessel reached the discharging port of Calcutta there was to be a lightening operation. The lightening was to be carried out at the risk and expense of the shipowners, who were to pay for the discharge of the cargo of wheat from the King Theras and the loading of it into the lightening vessels. The lightening vessels were then to proceed into the port of Calcutta where the grain would be discharged at the expense of the consignees. There was no provision as to laytime or demurrage in connection with the lightening itself, but there was provision for laytime and demurrage in connection with the discharge of the wheat from the lightening ships ashore. Four lightening vessels were used. The dispute centred on how the laytime/demurrage was to be calculated.