COMPANIA NAVIERA BACHI v. HENRY HOSEGOOD & SON, LTD.

(1938) 60 Ll.L.Rep. 236

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Charter-party-Barratry of the crew-Discharge of bulk maize cargo at Sharpness from plaintiffs' steamship-Delivery to defendants (receivers under bills of lading)-Refusal by crew to permit stevedores to discharge-Dispute between plaintiffs and crew over wages, upon confiscation of vessel by Spanish Government - Negotiations between master, ship's agent and crew -Injunction obtained by defendants against master (erroneously) and crew -Extra cost of discharge-Claim by defendants to deduct costs of injunction and extra discharging costs from balance of freight admittedly due- Contention by plaintiffs that they were protected by the charter-party terms (incorporated in bill of lading) providing (inter alia): "(29) The steamer shall not be liable for loss or damage occasioned by . . . barratry of the master or crew . . . by riots, strikes or stoppages of labour . . . (30) If the cargo . . . cannot be discharged by reason of riots, civil commotions, or of a strike or lock-out of any class of workmen essential to the discharge, the time for . . . discharging . . . shall not count during the continuance of such causes . . . In case of any delay by reason of the before-mentioned causes, no claim for damages or demurrage, shall be made by the charterers, receivers of the cargo, or owners of the steamer. War Risks Clause: . . . (2) The ship shall have liberty to comply with any orders or directions as to . . . delivery or otherwise howsoever given by the Government of the Nation under whose flag the vessel sails or any department thereof, or any person acting or purporting to act with the authority of such Government or of any department thereof . . . and delivery in accordance with such orders or directions shall be a fulfilment of the contract voyage and the freight shall be payable accordingly"-

"Barratry of the master or crew" -"Strikes or stoppages of labour" -Whether action by crew taken in compliance with orders of Spanish Government authorities-Submission by defendants that plaintiffs were in fault (1) in not paying the crew at proper time; (2) in not taking steps either to arrest crew or obtain an injunction-Construction of charter-party -Meaning of "loss or damage."