The Afovos - The Afovos Afovos Shipping Co SA v R Pagnan...

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The Afovos Afovos Shipping Co SA v R Pagnan & Fratelli Afovos, The (HL) House of Lords 7 December 1982 Where Reported [1983] 1 W.L.R. 195 [1983] 1 All E.R. 449 [1983] 1 Lloyd's Rep. 335 [1983] Com. L.R. 83 (1983) 127 S.J. 98 Summary Subject: Shipping Keywords: Carriage by sea; Charterparties; Contract terms; Payments; Time limits Catchphrases: Carriage by sea; charterparty; terms; payment; expiry of period Abstract: Where a duty is placed upon a person to do a certain act on or before a certain day, then in the absence of express provision to the contrary, he has the whole of that day, up to midnight, in which to perform the act in question. O were the owners of a ship chartered to C, the charterparty containing provisions requiring the punctual payment of hire, and an anti- technicality clause which provided that if hire were late, O would not be allowed to withdraw the ship unless they gave 48 hours' notice of their intentions, during which time the hire could be paid. Owing to a mistake by a bank, O's bankers did not receive the hire on the expected date, namely June 14, 1979. At 16.40 hours on June 14, O gave notice that unless the hire were received by them, they were withdrawing the vessel. Summary: Held, that O were not entitled to treat the notice given on June 14, as being a proper notice under the anti-technicality clause, as C had until the last moment of June 14, in which to make the payment, and the notice was accordingly premature. Considerations of banking hours were not relevant. History of the Case Direct History 469 (QBD (Comm Ct)) Reversed by
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Afovos Shipping Co SA v R Pagnan & Fratelli (The Afovos), [1982] 1 W.L.R. 848; [1982] 3 All E.R. 18; [1982] 1 Lloyd's Rep. 562; [1982] Com. L.R. 128; (1982) 126 S.J. 242 (CA) Affirmed by --> 195; [1983] 1 All E.R. 449; [1983] 1 Lloyd's Rep. 335; [1983] Com. L.R. 83; (1983) 127 S.J. 98 (HL) Citations to the Case Applied by South West Water Services Ltd v International Computers Ltd, [1999] B.L.R. 420; [1998-99] Info. T.L.R. 154; [1999] I.T.C.L.R. 439; [2001] Lloyd's Rep. P.N. 353; END OF DOCUMENT Copr. (c) West 2002 No Claim to Orig. Govt. Works  FOR EDUCATIONAL USE ONLY *335 Afovos Shipping Co. S.A. v. R. Pagnan and F.Lli, (The "Afovos") House of Lords HL Dec. 6 and 7, 1982 Before Lord Hailsham of St. Marylebone, L.C., Lord Diplock, Lord Keith of Kinkel, Lord Roskill, and Lord Brightman. Charter-party (Time) -- Hire -- Non-payment -- Owners withdrew vessel -- Whether withdrawal valid -- Whether charterers could rely on owners' bank's negligence or estoppel -- Whether charterers entitled to relief against forfeiture -- New York Produce Exchange form. By a time charter in the New York Produce Exchange form dated Feb. 8, 1978, the
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The Afovos - The Afovos Afovos Shipping Co SA v R Pagnan...

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