LSLC webinar – The Eternal Bliss – 17th March 2021
|THE CENTRE WELCOMES MEMBERS AND OTHER SHIPPING PROFESSIONALS TO THE 3rd WEBINAR IN ITS 2021 GLOBAL WEBINAR SERIES|
The Eternal Bliss
Wednesday 17th March 2021 – 17.00 to 18.15 GMT
Demurrage is liquidated damages for a voyage charterer’s breach in failing to complete loading or discharge within the laytime allowed. But does it liquidate all the losses caused by that breach, or can the owners recover damages on top of demurrage in respect of loss of a separate type, distinct from the loss of the future earnings of the vessel caused by the delay?
In The Bonde Potter J held that the owners can only recover if there is not only loss of a separate type but also a breach of a separate obligation.
In The Eternal Bliss Andrew Baker J has held that a loss of a separate type is sufficient.
The Court of Appeal is expected to deal with the issue this year.
Specific issues to be discussed will include:Exactly what will count as a separate type of loss which could be recovered in addition to demurrage?If voyage charterers can be liable for damages in addition to demurrage, will they (as FOB buyers and CIF sellers) be able to pass this liability on to their sellers at the loadport or their buyers at the discharge port?Chairman
Rt. Hon. Sir Richard Aikens
Christopher Smith QC – Essex Court Chambers
Darryl Kennard – Partner, Penningtons Manches Cooper
Robert Gay – Arbitrator
Ann Shazell – Global Lead Lawyer, Ocean Transportation, Cargill International
This webinar is hosted by Penningtons Manches Cooper
Please circulate this invitation to your colleagues and associates.
This webinar carries 1 CPD point
LSLC is a specialist Centre of excellence for continuing education and debates on maritime, commercial, and transport law, dispute resolution, new technologies and the commercial concerns of maritime business.