Supreme Court finds difference in value should not be offset against loss for breach of contract – OUT-LAW.Com

Posted July 3rd, 2017 in arbitration, causation, charterparties, damages, news by tracey

‘A ship owner who sold a vessel after a charterer breached its contract, making more money than it would have done selling the ship at the end of the breached contract, does not have to offset that difference in value against its claim for loss of earnings, the Supreme Court has ruled.’

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OUT-LAW.com, 29th June 2017

Source: www.out-law.com

Supreme Court: Simultaneous weather events did not put charterers in breach of ‘safe port’ warranty – OUT-LAW.com

Posted May 12th, 2017 in charterparties, harbours, insurance, news, shipping law by sally

‘The rare simultaneous occurrence of two otherwise common events was an ‘abnormal occurrence’, which did not put the charterers of a ship which ran aground in port in breach of the ‘safe port’ warranty they gave to the owners.’

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OUT-LAW.com, 11th May 2017

Source: www.out-law.com

Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

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Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

Appeal court: profits from sale of ship should be treated as mitigation of loss from breach of contract – OUT-LAW.com

Posted January 8th, 2016 in causation, charterparties, contracts, economic loss, news, shipping law by tracey

‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’

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OUT-LAW.com, 8th January 2016

Source: www.out-law.com

Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court – OUT-LAW.com

Posted November 11th, 2014 in appeals, arbitration, charterparties, news, tribunals by tracey

‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

Novoship (UK) Ltd and others v Nikitin and others – WLR Daily

Posted July 9th, 2014 in bribery, causation, charterparties, debts, fiduciary duty, interest, law reports by sally

Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297

‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily

Posted October 28th, 2013 in appeals, charterparties, law reports, shipping law by sally

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723; [2013] WLR (D) 406

“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Carboex SA v Louis Dreyfus Commodities Suisse SA – WLR Daily

Posted June 21st, 2012 in appeals, charterparties, delay, industrial action, law reports by sally

Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838; [2012] WLR (D) 179

“The strike clause in a berth charter had the effect of transferring the liability for delay on discharging the cargo caused by strikes at the port from the charterer to the owner, whether the delay occurred at the quayside during cargo handling operations or while the vessel was at the port waiting to berth.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by tracey

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another – WLR Daily

Posted March 13th, 2012 in appeals, charterparties, electronic mail, law reports by sally

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another [2012] EWCA Civ 265; [2012] WLR (D) 70

“A contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

Contract can exist through actions and not words, High Court rules – OUT-LAW.com

Posted May 23rd, 2011 in charterparties, contracts, drafting, mistake, news by sally

“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”

Full story

OUT-LAW.com, 23rd May 2011

Source: www.out-law.com

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Posted August 10th, 2010 in charterparties, damages, expenses, law reports, shipping law, tribunals by sally

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ENE Kos 1 Ltd v Petroleo Brasileiro SA – WLR Daily

Posted July 9th, 2010 in appeals, charterparties, expenses, law reports, remuneration by sally

ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173

“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”

WLR Daily, 8th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Transfield Shipping Inc v Mercator Shipping Inc – WLR Daily

Posted July 11th, 2008 in charterparties, damages, law reports by sally

Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48; [2008] WLR (D) 232

Charterers were not liable in damages for a shipowner’s loss of profits on a subsequent fixture resulting from the late redelivery of the vessel.”

WLR Daily, 10th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Transfield Shipping Inc v Mercator Shipping Inc – Times Law Reports

Posted July 10th, 2008 in charterparties, damages, law reports by sally

Transfield Shipping Inc v Mercator Shipping Inc

House of Lords

“Charterers were not liable for a shipowner’s loss of profits on a subsequent fixture resulting from the late redelivery of the vessel.”

The Times, 10th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc – Times Law Reports

Posted June 10th, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc

Court of Appeal

“Owners of vessels which failed to comply with the Marine Pollution Convention, as warranted in the charterparty and were unable to carry to all specified ports the full range of petroleum products set out therein, were in breach of time charters.”

The Times, 10th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only free on Times Online for 21 days from the date of publication.

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc – WLR Daily

Posted June 3rd, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176

“Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty.”

WLR Daily, 2nd June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.