Notice of readiness: when is it valid, and what if it is not?

Atlas Claims InsightsPublished 27 October 2026 · 8 min read

Most demurrage disputes start with a simple question: when did laytime begin? The answer usually turns on the notice of readiness. A notice that is premature, given at the wrong place or tendered outside office hours can push the start of laytime back by days, and sometimes means that laytime never started at all.

What a notice of readiness does

A notice of readiness is the master’s or agent’s written statement to the charterers, shippers or receivers that the vessel has arrived and is ready to load or discharge. Under most voyage charters it is the event that starts the laytime clock, either immediately or after a fixed notice time, often six or twelve hours.

Three conditions must normally be met when the notice is given:

• The vessel has arrived at the place the charter specifies for giving notice.
• The vessel is ready to load or discharge, both physically and legally.
• The notice is given properly: to the right party, by the agreed method and, where the charter says so, within office hours.

The burden of showing that the notice was valid normally rests on owners, because they are the party claiming demurrage.

The “arrived ship”: berth and port charters

Where the vessel must be before it can give notice depends on the type of charter.

• Berth charters name a berth as the destination. Without special wording, the vessel must reach that berth before it is an arrived ship, so the risk of waiting for a berth falls on owners.
• Port charters name a port. Under English law, following The Johanna Oldendorff, a vessel waiting within the port is an arrived ship if it is at the immediate and effective disposition of the charterers, usually at the place where ships customarily wait.

Waiting outside port limits, for example at an anchorage beyond the legal or commercial area of the port, is generally not enough under a port charter unless the charter says so.

WIBON, WIPON and similar clauses

Because congestion is common, charters often move the risk of waiting back to charterers by allowing notice to be given before the vessel reaches the berth. Typical abbreviations include:

Many charters also say that “time lost waiting for berth” counts as laytime, or that the berth must be “reachable on arrival” or “always accessible”. These work differently from WIBON. A “time lost waiting for berth” clause can make waiting time count as laytime, and a “reachable on arrival” or “always accessible” warranty can give owners a damages claim for delay, in each case even where the notice itself is premature. The exact words matter more than the label.

Ready in fact and in law

The vessel must actually be ready when the notice is given, not merely expect to be ready by the time a berth is free. Common grounds for rejecting an NOR include:

• Holds or tanks not clean or failing inspection, for example grain holds rejected by surveyors or tanks failing a wall-wash test.
• Missing documents or certificates required by the port or the cargo.
• Free pratique or customs not granted, where this is more than a formality and the charter does not contain WIFPON or WCCON wording.
• Equipment not ready, such as cranes, pumps or hatch covers.

Minor matters that can be put right quickly, and that would not delay cargo operations, do not usually invalidate a notice. But the line is fact-sensitive and is frequently disputed.

If the NOR is invalid

Under English law, an invalid notice of readiness is a nullity. It does not “ripen” into a valid notice when the vessel later becomes ready or arrives. This principle comes from The Mexico I, and The Agamemnon confirmed that a notice given before the vessel reached the agreed place was invalid.

That does not always mean laytime never starts. In The Happy Day, the Court of Appeal held that where charterers or receivers knew of the defect, did not reject the notice and allowed discharge to begin, they could not later rely on the invalidity. Laytime started, at the latest, when discharge commenced. Owners should not rely on this as a safety net, because whether a waiver or estoppel arises depends on the facts.

Practical steps for owners

• Check the charter and any rider clauses for the place, timing, method and recipients of notice before the vessel arrives.
• Tender notice only when the vessel has arrived and is ready, and keep evidence such as anchoring position, inspection reports and pratique documents.
• If there is any doubt about validity, re-tender a further notice “without prejudice” to the first, for example at each change of circumstance and at regular intervals.
• Record in the statement of facts when the notice was tendered, accepted, rejected or re-tendered.
• If a notice is rejected, ask for the reasons in writing and fix the problem quickly.

Practical steps for charterers and receivers

• Review every notice when it arrives and reject a defective one promptly and in writing, giving reasons.
• Avoid accepting a notice “subject to” conditions that are unclear; say exactly what is accepted.
• Do not let cargo operations begin on the strength of a doubtful notice without reserving your position in writing.
• Keep your own records of the vessel’s arrival, inspections and readiness.

When a claim arrives, check the notice first. It is often the single biggest point of leverage in a demurrage negotiation. Our laytime statement calculator lets you test how a different commencement time changes the result.

This guide is general information about the law of England and Wales as at October 2026. It is not legal advice and may not cover your situation. Atlas Claims is not a law firm; for advice on your legal rights or on litigation, consult a qualified solicitor.