Demurrage is liquidated damages for a voyage charterer’s breach in failing to complete loading or discharge within the laytime allowed. But does it liquidate all the losses caused by that breach, or can the owners recover damages on top of demurrage in respect of loss of a separate type, distinct from the loss of the future earnings of the vessel caused by the delay?
In The Bonde Potter J held that the owners can only recover if there is not only loss of a separate type but
also a breach of a separate obligation.
In The Eternal Bliss Andrew Baker J has held that a loss of a separate type is
The Court of Appeal is expected to deal with the issue this year.