Covid-19 and Off-hire Publications Owen Fry Published: May 04, 2023 Contact author Download article pdf Although the scale and reach of the disruption caused by the Covid-19 pandemic went beyond anything experienced in living memory, the possibility of delays to shipping from illness and infectious disease is nothing new, and the existing legal frameworks should in principle have been well equipped to deal with this situation. However, the volume of queries received from Members and some of the hastily drafted clauses introduced into some charterparties would suggest that there was a great deal of uncertainty as to how existing charterparty provisions allocated the risk of delays relating to Covid-19.  This uncertainty was particularly acute at the early stages of the pandemic when there was little information available on the effects of the condition and the counter-measures needed to limit its spread, and when responses by various authorities had not been co-ordinated. It appeared that some agencies were taking a stricter approach than others, and that in some cases there was overreaction leading unnecessarily to increased costs and delays. There were then questions about how those costs and delays should be allocated between the parties to a time charter. This article looks at some of the issues the Club considered with its members by reference to some hypothetical scenarios which illustrate the possible outcomes. In each of these scenarios it is assumed the parties have agreed a charterparty in an unamended NYPE 1946 form, and the vessel has arrived at the discharge port and has been given orders to discharge. Enquiries are then made by the port authorities and the vessel is informed that it has not been given free pratique, and it is not authorised to approach the berth, which is otherwise available.  It can be assumed that in each scenario the vessel is unable to perform the service required, which is to berth and discharge, and that time is being lo