Ropner & Company v Ronnebeck
| Jurisdiction | England & Wales |
| Judgment Date | 04 December 1914 |
| Date | 04 December 1914 |
| Court | King's Bench Division |
King's Bench Division
Bailhache, J.
Ropner and Co. v. Ronnebeck
Charter-party Demurrage Strike
MARITIME LAW CASES. 47 CT.OF APP.] ROPNER AND CO. V. RONNEBECK. [K.B. DIV. HIGH COURT OF JUSTICE. KING'S BENCH DIVISION. Friday, Dec. 4, 1914. (Before Bailhache, J.) Ropner and CO. V. Ronnebeck. (a) Charter-party - Demurrage - Strike - Charterer's refusal to load. The terms of a charter-party provided (inter alia) that the charterer should load a cargo within a period of ninety-nix running hours after notice of readiness to receive cargo, and to pay demurrage if the ship was delayed beyond her (a) Reported by Leonard 0. Thomas, Esq., Barrlster-at-Law. 48 MARITIME LAW CASES. CT.OF APP.] ROPNER AND CO. V. RONNEBECK. [K.B. DIV. loading time. The parties mutually exempted each other from liability for time lost through strikes preventing or delaying the working, loading, or shipping of the cargo. A strike of engineers was in progress taken the steamer arrived at the port of loading and notice of readiness to load was received, and the shipowners refused to sign on engineers at the term they were demanding. On the day after notice of readiness to load was given, the charterer asked the shipowners to give him an assurance that their engineers would be signed on and that the ship would sail as soon as possible, which the shipowners declined to give. When the shipowners received a full complement of engineers fifteen days after the ship was ready to receive the cargo, the charterer commenced loading. In an action by the shipowners to recover demurrage in respect of the detention of the ship for 413 hours beyond her loading time: Held, that the charterer was liable, as the existence of a strike which might affect the time of sailing did not prevent the cargo being loaded, nor excuse the charterer from his obligation to load within the period provided by the charter-party. Commercial Court. Action tried by Bailhache, J. The plaintiffs, owners of the steamship Thirlby, sued the defendant, the charterer of the steamer, for 344l.3s. 44. as demurrage in respect of the detention of the Thirlby at the port of loading. The Thirlby was chartered by the plaintiffs under the terms of a charter-party dated the 20th June 1914, to carry a cargo of coal from Blyth to Russia. By the terms of the charter-party the charterer engaged " to load the cargo of coal within a period of ninety-six running hours (Sundays, pay Saturdays, cavilling days, colliery and dock holidays excepted)...
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