National Shipping Company of Saudi Arabia v BP Oil Supply Company [2010] EWHC 3043 (Comm), [2010] All ER (D) 235 (Nov)
Queen’s Bench Division, Commercial Court Field J 22, Nov 2010
On its true construction, cl 5 of the BPVOY 4 Voyage Charterparty 1st Edition—June 1998 was intended to allow for the recovery of expenses incurred to third parties, and bunkers do not come within that category of expenses.
Thomas Macey-Dare (instructed by Holman Fenwick Willan LLP) for the claimant.Henry Byam-Cook (instructed by Hill Dickinson LLP) for the defendant.
In January 2008, the claimant shipowner chartered its oil tanker to the defendant for a voyage from the Bahamas to Singapore. The charter was on the BPVOY 4 Voyage Charterparty 1st Edition (June 1998), with amendments and addenda. Loading took longer than expected due to adverse weather conditions and the vessel had to leave and reberth at one point. The claimant issued a claim for demurrage in respect of the period when the vessel was at the discharge port. Its amended demurrage invoice provided “Combine All ports: 4.5375@70,000 (Demurrage) USD 317,625.00”. That claim was paid on 9 June 2008.
