BRITAIN STEAMSHIP COMPANY, LTD. v. DONUGOL, OF CHARKOFF.

(1932) 44 Ll.L.Rep. 123

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Charter-party- Detention by ice- "(25) Should the steamer be ordered to an ice-bound loading port the charterers undertake, at their expense, to provide icebreakers to enable the steamer to reach, load at, and leave the said port, it being understood that any detention caused by ice to the steamer in reaching the said port of loading and the open sea after loading shall in the first case count as time for loading and in the second case as time on demurrage to be paid by the charterers at charter rate, from which time days saved in loading shall be deducted . . . Time lost by steamer waiting for icebreaker, when on passage to loading port, namely, up to 48 hours after her arrival at Kertch . . . is to count neither as lay days nor as demurrage or detention, but the said 48 hours to apply once only"- Steamer detained by ice owing to failure of charterers to provide adequate icebreaking assistance - Breach- Measure of damages- Whether Clause 25 applied or whether shipowners entitled to damages at large