PORTOLANA COMPANIA NAVIERA LIMITED v. (1) VITOL S.A., INC. (2) VITOL S.A. OF SWITZERLAND (THE “AFRAPEARL”) [2003] EWHC 1904 (Comm)

[2003] 2 Lloyd's Rep. 671

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Tomlinson

Charterparty (Voyage) - Demurrage - Delay - Laytime - Vessel gave notice of readiness to discharge oil cargo at seaberth pipeline - Vessel berthed and commenced discharge of cargo - Vessel required to shift from sea berth to anchorage on two occasions to enable leak in pipeline to be repaired - Whether time spent at anchorage awaiting repair of pipeline counted as laytime and/or time on demurrage - Whether time spent shifting from anchorage to sea berth counted as laytime and/or time on demurrage - Whether delay caused by breakdown of equipment in or about the plant of the consignee of the cargo - Whether owners entitled to additional costs incurred by reason of additional shifting operations.