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'''VOYAGE CHARTER: SHELLVOY 5 FORM: WHETHER OBLIGATION ON OWNER TO GET THE VESSEL TO THE LOADING PORT WITHIN A CERTAIN TIME: WHETHER SUCH AN OBLIGATION IS ABSOULTE OR ONLY ONE OF DUE DILIGENCE: WHETHER LAYCAN EQUIVALENT TO AN ESTIMATED TIME OF ARRIVAL OR READINESS TO LOAD DATE'''
'''Summary'''
Having considered the charter terms agreed, the parties’ submissions, and undertaken a detailed consideration of the case law, the judge determined the following:
(A) The rationale for imposing the Monroe obligation is the combination between the expected date of arrival or readiness, and the term requiring the vessel to use all convenient speed or utmost despatch to proceed to the loading port, although the judgment in Monroe does not spell that out why that is so.
(B) The judgment of Devlin J in The “North Anglia” explained that the obligation to proceed to the loading port with all convenient speed must arise at a particular identifiable time, with the obligation being fashioned to coincide with the commencement of the chartered service, being the approach voyage.
