CSSA CHARTERING AND SHIPPING SERVICES SA V MITSUI OSK LINES LTD

[2018] EWCA Civ 2413, Court of Appeal (Civil Division), Lord Justice Longmore, Lady Justice King and Sir Rupert Jackson, 6 November 2018

Charterparty (voyage) - Shipowner's obligation to proceed to loading port - Charterparty containing no ETA or readiness to load at load port - Monroe obligation - All convenient speed - Utmost despatch

The claimants had chartered the VLCC Pacific Voyager from the defendant owners on the Shellvoy 5 form for a voyage from Rotterdam. While proceeding through the Suez Canal to the loadport under a previous charterparty, the vessel made contact with an underwater object and required dry-docking which would take months. The charterers cancelled the charterparty two days after the laycan date of 4 February 2015 and brought this claim for damages. The charter contained no ETA at Rotterdam nor any date of expected readiness to load, but did contain a laycan range and the usual express power of termination by the charterers if the vessel did not arrive before the specified cancelling date. The fixture recap also gave details of the anticipated timetable for completion of the previous voyage at Le Havre, and contained a provision that the shipowner would proceed with all convenient speed to load port. The load port ETA or date of expected readiness to load were usually the trigger for an absolute obligation on the shipowner to commence the voyage to the load port at such time as it was reasonably certain that the vessel would arrive on or around the expected date (Monroe Brothers Ltd v Ryan (1935) 51 Ll L Rep 179). The charterers contended that where the charterparty did not specify an ETA, but did specify an ETA at the last discharge port, the absolute obligation was instead on the owners to commence the approach voyage by a date when it was reasonably certain that the vessel would arrive at the loading port by the cancelling date. The judge gave judgment for charterers. Owners appealed.