For some 90 years there has been uncertainty as to the nature of demurrage and the ability  of a shipowner to recover damages, other than demurrage, following a failure to load or discharge within the agreed lay-time. The Eternal Bliss [2020] EWHC 2373 seeks to settle the matter,  with Andrew Baker J deciding that earlier Court of Appeal authorities had been misunderstood and  that earlier first instance judgments were wrong.  

The Quadrant team, consisting of Poonam Melwani QC, Chirag Karia QC, Ruth Hosking and Andrew Carruth, discussed the judgment and its ramifications.  Amidst the continuing world-wide pandemic,  failing to load or discharge within the lay-time is common and owners, charterers and their legal advisers need to understand the new likelihood of Owners claiming damages significantly greater than the demurrage figures.