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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEWS

LAYTIME AND DEMURRAGE (5th Edition). John Schofield, MA, Barrister (GI). Informa, London (2005) xxxix and 450 pp, plus 13 pp Appendix and 13 pp Index. Hardback £290.
 
COMMENCEMENT OF LAYTIME (4th Edition). Donald Davies, RD, RNR, Barrister (GI), Master Mariner, FCIB, FCIA, FNI. Informa, London (2006) xxi and 330 pp, plus 13 pp Index. Hardback £180.
Two of the most important and inseparable characteristics of a voyage charterparty are laytime and demurrage. In order to examine if demurrage is due, it is essential to calculate laytime. The commencement of laytime is usually part of the deal and subject to the express terms of the charterparty.
The fifth edition of John Schofield’s Laytime and Demurrage gives a clear account of the principles and the case law on laytime and demurrage. The new edition focuses on the new developments and recent cases on the topic. Of secondary interest is probably the analysis of principles which are no longer relied upon. However, this assists the reader in understanding the development of the law.
One of the best features of this book is the depth and quality of the analysis and evaluation of the case law that it covers. It should be no surprise that there is an extensive analysis of Glencore Grain Ltd v. Flacker Shipping Ltd (The Happy Day) [2002] EWCA Civ 1068; [2002] 2 Lloyd’s Rep 487, Glencore Grain Ltd v. Goldbeam Shipping Inc (The Mass Glory) [2002] EWHC 27 (Comm); [2002] 2 Lloyd’s Rep 244 and Whistler International Ltd v. Kawasaki Kisen Kaisha Ltd (The Hill Harmony) [2001] 1 AC 638; [2001] 1 Lloyd’s Rep 147. Numerous arbitral awards published in LMLN are also discussed.
The new edition includes new sections on Customary Despatch, in which the Charterparty Laytime Definitions 1980 have been added, and Customs Clearance with reference to London Arbitration 19/04 LMLN 648. New sections have also been introduced to Interruptions and Exceptions to Laytime (ch 4) in response to Stolt Tankers Inc v. Landmark Chemicals SA (The Stolt Spur) [2002] 1 Lloyd’s Rep 786. Triton Navigation Ltd v. Vitol SA (The Nikmary) [2003] EWCA Civ 1715; [2003] 1 Lloyd’s Rep 55 has also been added in this edition.
This book is very comprehensive and a “must have” for everyone who wants to explore the specialized areas of laytime and demurrage.
In May 2006, the much awaited fourth edition of Donald Davies’ Commencement of Laytime was published. Since the last edition, in 1998, numerous developments have taken place and the new edition covers all of them, including references to Shellvoy 6, which was issued in March 2005, with an analysis of its cl 13(1)(a) of this charter form referring to the tender of a valid notice of readiness and commencement of laytime. Another new addition to the book is the analysis of the ISM and ISPS codes and their relevance to the readiness of a vessel. This book analyses mainly English law and covers the judicial decisions on the topic as well as the published arbitral awards. However, the author expresses his regret that not all the awards of the London Maritime Arbitrators are published.

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