Summerskill on Laytime, 7th Edition

Author: Simon Baughen
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414104082

Previous Edition ISBN: 9780414057050
Published In: August 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Summerskill on Laytime, a key and established title in this specialist field, comprehensively covers laytime and demurrage under English law. Ideal for practitioners in the field, this title presents the principles behind laytime, the standard clauses, interruptions, suspensions, demurrage, detention and dispatch.

The seventh edition updates the text to take account of key case law, including:

The Court of Appeal decisions in Limbungan v Classic Maritime and in K Line v Priminds (The Eternal Bliss)
At first instance, in The Aconcagua Bay the “always accessible” clause has been held to cover leaving a berth as well as entering it, contrary to what had previously been decided by the tribunal in London Arbitration 11/97.
The effect of owners’ breach of contract in caring for the cargo on the amount of demurrage incurred by charterers was considered in The Santa Isabella.
In the Muammer Yagci the laytime exception of ‘government interferences’ in cl28 of the 1999 Sugar Charterparty was held to cover seizure of cargo by the customs authorities in Algiers following the identification of a discrepancy between the cargo and the relevant documents presented by the receivers.
There have been several decisions on the applicability of time bar provisions for bringing demurrage claims, including: The MTM Hong Kong, The Amalie Essberger, The MT Maria, The Ocean Neptune, and Glencore v OMV.
London Arbitration 13/19, where the Tribunal found that a Notice of Readiness cannot be validly given when the vessel is still on the move
London Arbitration 19/18 where the Tribunal found that consequential delay on the vessel’s arrival at the discharging port due to delay on completing loading due to engine problems did not interrupt demurrage as the fault of the shipowner needed to be contemporaneous with the delay
and the effect of bad weather on loading and discharging operations in London Arbitration 12/19 and London Arbitration 21/19

Introduction
Laytime Clauses and their Effects
Laytime not Fixed
Reaching the Destination
Readiness
Modification of Requirements for Beginning of Laytime
Interruption by Bad weather
Suspension of Laytime
Relationship of Loading and Discharging Times
Demurrage
Detention
Liability for Demurrage
Dispatch

Simon Baughen studied law at Oxford and practised in maritime law for several years, first at the London P&I Club and then with Horrocks & Co. He joined the University of Bristol Law School in 1989. He was made a Reader in 2007. His research interests lie mainly in the field of shipping law, but also include the law of trusts, and the environmental law implications of the activities of multinational corporations in the developing world.