K Line PTE Ltd v Priminds Shipping (HK) Co Ltd ("Eternal Bliss") [2021] EWCA Civ 1712 – 18 November 2021 (Sir Geoffrey Vos, Newey LJ, Males LJ)

Owners claimed that Charterers’ failure to discharge within laytime, gave rise not only to demurrage but also a cargo deterioration claim against Owners by Receivers. The CA, reversing Baker J’s decision, held that demurrage was Owners’ sole remedy – it “liquidates the whole of the damages arising from… failing to complete cargo operations within the laytime”. Breach of a separate obligation was required to claim additional damages for delay and as Owners failed to plead it, recovery of such damages was precluded.