Trans Trade v Sebat Shipping (the “Sebat”) [2026] EWHC 950 (Comm)
A voyage C/P provided that in the event of berth unavailability, NOR could be tendered from any usual waiting place. The Vessel tendered NOR at the pilot station some hours before anchoring at a usual place. The Tribunal held that an otherwise valid but premature NOR (as here) was deemed served on commencement of cargo operations. On appeal, the Court ruled that in the absence of waiver of the invalidity, the “Happy Day” ruling was inapplicable and thus the ship was never an arrived ship, and laytime never commenced.