Law digest: 15 October 2009

Shipping

In construing a risk allocation clause as between the owner and charterer in a charterparty based on the Shellvoy 5 form, the Commercial Court held that where the clause was badly worded, the history and commercial sense of that clause were to be considered as opposed to the actual meaning of the words.

The court went on to find that the owners were entitled to demurrage from the charterers as they had complied with the contractual requirements for laytime, and the failure to obtain free pratique until the vessel berthed had not caused the charterers any loss.