Glencore Energy (UK) Ltd v Sonol Israel Ltd (The “Team Anmaj”) – QBD (Com Ct)(Beatson J) – 26 October 2011

Sale of goods – Demurrage – Whether demurrage provisions in sale contract constituted freestanding obligation or indemnity – Date of accrual of obligation to pay demurrage – Whether claim time-barred

The claimant sellers entered into two contracts to sell 18,100 mt of gasoil to the defendant buyers on 15 December 2004 and 10 January 2005 to be delivered between 1 and 12 January 2005 at Ashkelon, Israel. 12,500 mts were to be delivered under the first contract and 5,600 mts under the second contract. The sellers had purchased the cargo on cif terms from BP, which was not itself the charterer of the carrying vessel, the Team Anmaj.