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Tanker

Issue 65


DAMAGES IN ADDITION TO DEMURRAGE

K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO., LTD. (2020) - THE ETERNAL BLISS

 

INTRODUCTION

From time to time, a case comes to court which provides the opportunity to resolve a significant long-standing uncertainty on a point of law.

The Eternal Bliss (2020) is such a case for the law of laytime and demurrage.

This meticulous 33-page judgement considered the judgments of the Court of Appeal inAkt. Reidar v Arcos [1927] KB 352, Suisse Atlantiqued'Armement Maritime SA v N.V. RotterdamscheKolen Centrale [1967] 1 AC 361) The Altus [1985] 1 Lloyd's Rep 423. and The Bonde [1991] 1 Lloyd's Rep 136) amongst others. The judgement seeks to resolve a long-standing judicial and academic debate, going back almost 100 years, on the recovery of damages in addition to demurrage.

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