Hague/Hague-Visby Rules and Common Law Doctrine of Stages A revisit to The “Makedonia” [1962] 1 Lloyd’s Rep 316 - Dr. Arun Kasi
Dr. Arun Kasi, 4-5 Gray's Inn Square
This article (in the same or a different version) previously appeared on Lloyd’s Shipping & Trade Law, Vol. 22, No. 6, August 2022, p. 5 and The Marine Law Box, No. 12, December, 2022.
In maritime contracts, to determine the method of calculating time limit, it is helpful to understand the cases that deal with the computation of 'days'. In the absence of a contrary or an express stipulation, the following general rules have been established for computing 'days' under charterparties. A 'day' means a calendar day, which is a clear day from 00:00 hours to 24:00 hours (Cartwright v MacCormack [1962] 2 Lloyd’s Rep 328, [1963] 1 WLR 18). If an act is required to be completed within a certain number of days from an event, generally, the day of the event itself is excluded from the computation of the period (Lester v Garland (1808) 15 Ves Jr 248, page 257; see also Matthew v Sedman [2021] UKSC 19). A person obliged to do an act (e.g. the payment of hire) by a certain date has until midnight of that date to do it. (Afovos Shipping CO SA v R Pagnan and Elli (The "Afovos") [1983] 1 Lloyd's Rep 335, [1983] 1 WLR 195).
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