The Eternal Bliss - Demurrage; what does it liquidate? Publications Laura Haddon Published: May 19, 2023 Contact author Download article pdf In K Line Pte v Priminds Shipping (HK) Co. Ltd (The “Eternal Bliss”) [2021] EWCA Civ 1712, the Court of Appeal reversed the decision of the High Court: The Eternal Bliss – Can damages in addition to demurrage be recovered? , holding that demurrage liquidated the whole of the damages arising from a charterer’s breach in failing to complete cargo operations within the agreed laytime and not merely some of them. Background The facts are set out more fully in the Club’s previous article, however in brief, a dispute arose in relation to a shipment of soybeans from Brazil to China which later suffered damage/deterioration following a delay in discharging at the discharge port, leading the Owners to incur a claim from the receivers.  The Owners then sought damages or an indemnity from Charterers in respect of that claim. The High Court concluded that the demurrage rate is intended to liquidate the shipowner’s loss of earnings arising from the loss of use of the ship to earn freight and does not seek to liquidate a claim for a different type of loss, such as damage to cargo, as occurred in this case.  The High Court further concluded that an additional/separate breach was not required in order for damages for a different type of loss to be recovered, and that the decision of the High Court in The Bonde (which found an additional breach was necessary) had therefore been wrongly decided.   The Charterers appealed the decision.   The Court of Appeal Decision The Court of Appeal overturned the decision of the High Court and found in favour of the Charterers. The Court of Appeal conceded that the legal authorities are inconclusive and that they must therefore approach the issue as one of principle; concluding that demurrage is the exclusive remedy for all consequences of the charterer’s failure to complete cargo operatio