Alfred C. Toepfer Schiffhartsgesellschaft G.m.b.H. v. Tossa Marine Co. Ltd. (The Derby) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 19 December 1983

Vessel entered time-chartered service vulnerable to ITF pressure tactics - Whether owners in breach of charter

The Derby , a conventional dry cargo vessel of some 13,000 tons deadweight capacity, was time chartered on the NYPE form for a period of 11 to 13 months. Her crew and officers were Filipinos. In May 1981 she was sent by the charterers to Leixoes in Portugal to discharge a cargo of logs from West Africa. As a result of ITF pressure, the stevedores at Leixoes refused to discharge until various ITF demands had been met. Some 21 days were lost on account of the operations of the ITF. The charterers suffered loss and expense as a result of the delay. These included loss of the profits which the charterers would otherwise have earned. The charterers claimed that the owners were in breach of their obligations under the charterparty. Line 22 of the charterparty read: “Vessel on her delivery to be ready to receive cargo . . . and in every way fitted for the service . . .”