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Lloyd's Maritime Law Newsletter

7/93

Late payment of hire - Whether lien on cargo properly exercised

Another point in issue in the previous arbitration was the exercise by the owners of a lien at the discharging port. Discharging commenced on 29 November. On 12 December, hire being again outstanding, the owners telexed the charterers threatening to instruct the master to close the hatches, and thus to withhold discharging, if hire was not paid. No payment having been received, on 25 December, the master was instructed to stop discharging. He gave effect to those instructions at 20 00. On 27 December, having been paid the sixth hire instalment, the owners gave instructions for discharge to start once more, and according to the owners the hatches were opened and made available for discharging from 12 00 the following day, 28 December. The charterers said that discharging did not in fact recommence for more than another 24 hours - not until 15 30 on 29 December, in fact, and that the ship was off-hire from 20 00 on 25 December until that time, or that the owners were liable in damages in a like amount.

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