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K Line PTE Ltd (claimant/resp) –v- Priminds Shipping (HK) Co Ltd (def/appellant)

Wednesday 27th October 2021

Priminds Shipping, appeals paragraphs 1 and 2 of the Order of Andrew Baker J. of 07 September 2020 and paragraph 1 of his Order of 17 September 2020.

The appeal is said to raise questions of considerable importance to the shipping industry about the nature of demurrage and its exclusivity as a remedy where a voyage charterer has, in admitted breach of contract, failed to complete cargo operations within agreed laytime and so detained the chartered ship. In particular, does demurrage operate as a liquidated and exclusive remedy for all consequences of that breach, or does it only liquidate damages in respect of one certain type of loss, vis., loss of the use of the vessel?

Lower Court Judgment:

K Line PTE Ltd v Priminds Shipping (HK) Co, Ltd (Rev 1) [2020] EWHC 2373 (Comm) (07 September 2020) (bailii.org)

View hearing:

Part 1

Part 2