U.S. Steel Corporation v. M/V Atlantic Splendour - Fed.Ct. (Dube J.) - 7 October 1983

Vessel delayed at loading berth due to owners’ negligence - Whether charterers of waiting ships entitled to recovery damages

The Federal Court was asked to rule on a question of law. The assumed facts were that a vessel was delayed at a loading berth due to mechanical difficulties as a result of owners’ negligence. The plaintiffs were the charterers of four other ships which had been chartered to load cargo at the same berth over a period of 11 days after the first vessel was due to leave. As a result of the first vessel’s delay the subsequent four vessels were also delayed and the question was whether the plaintiff was entitled to recover damages in respect of the delayed vessels from the owners of the first vessel.