chapter  25
32 Pages

Off-Hire Clause

The first question to be addressed 25.7 The charterers have to show in every case that the full working of the ship has been

prevented. The words ‘‘preventing the full working of the vessel’’ qualify not only ‘‘any other cause’’ but also each of the causes listed in Lines 97 and 98 of the New York Produce form, ‘‘deficiency of men’’ and so on. Kerr, J., said in The Mareva A.S. [1977] 1 Lloyd’s Rep. 368, at page 382: ‘‘The word ‘other’ in the phrase ‘or by any other cause preventing the full working of the vessel’ in my view shows that the various events referred to in the foregoing provisions were also only intended to take effect if the full working of the vessel . . . was thereby prevented.’’