Gard Shipping AS v Clearlake Shipping Pte Ltd [2017]

Gard Shipping AS v Clearlake Shipping Pte Ltd [2017] EWHC 1091 - 12 May 2017 (Cooke J)

“A Charterparty on an amended BPVoy4 form provided an enhanced and escalating demurrage rate in the event of revised voyage orders, including stopping and waiting. In construing the relevant clauses, the Court held that the enhanced rate was not triggered in the absence of a clear instruction, prior to NOR, to stop and wait; a passive failure to give orders, post-NOR, even where such failure was driven by commercial reasons, was not a trigger.”

Alan Frazer
E. G. Arghyrakis & Co.
17th May 2017