The maxim, "Once on Demurrage, always on
Demurrage" is with respect to the subject matter of a
Charterparty.
There are different types of charterparties namely;
bareboat/demise, time and voyage. This article will focus on time
and voyage charter parties.
In a time or voyage charter party, the charterer hires the
vessel for a specific time or voyage over an agreed period. The
agreed period is referred to as "laydays" or
"laytime" as the case may be.
The charterer is expected to load or discharge its cargos within
laytime, if the charterer exceeds the period, demurrage will start
to accrue. Demurrage is damages paid for using a vessel outside the
agreed period.
The maxim "Once on demurrage, Always on
Demurrage" simply means that: a charterer will be liable
for using the vessel outside the agreed period specified in the
charter party. Therefore, the breach continues until loading or
discharge is complete.
