In the recent case of ED&F Man Sugar Ltd v Unicargo
Transportgesellschaft GmbH (The "LADYTRAMP") [2013],
the Court of Appeal took a narrow approach to interpreting
provisions of a clause that provided for interruptions to laytime
in the event of certain force majeure circumstances.
Clause 28 of the Sugar Charter Party 1999 provided "In
the event that whilst at or off the loading place ... the loading
... of the vessel is prevented or delayed by ... mechanical
breakdowns at mechanical loading plants, government interferences
... time so lost shall not count as laytime".
Shortly before the arrival of the vessel, the terminal to which
the vessel had been ordered was damaged by fire, and in particular,
the conveyor belt system linking the terminal to the warehouse was
destroyed. Charterers alleged that this amounted to mechanical
breakdown pursuant to Clause 28, since the conveyor belt no longer
operated. In doing so, charterers relied on the earlier Court of
Appeal
