PORTOLANA COMPANIA NAVIERA LTD. v. VITOL S.A., INC. AND ANOTHER (THE “AFRAPEARL”)

[2004] 2 Lloyd's Rep. 305

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Clarke and Lord Justice Laws

Charterparty (Voyage) - Demurrage - Delay - Laytime - Vessel gave notice of readiness to discharge oil cargo at seaberth pipeline - Vessel berthed and commenced discharge of cargo - Vessel required to shift from seaberth to anchorage on two occasions to enable leak in pipeline to be repaired - Whether time spent at anchorage awaiting repair of pipeline counted as laytime and/or time on demurrage - Whether time spent shifting from anchorage to seaberth counted as laytime and/or time on demurrage - Whether delay caused by breakdown of equipment in or about the plant of the consignee of the cargo - Whether owners entitled to additional costs incurred by reason of additional shifting operations.