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CHARTERPARTIES

Debate resolved: One late hire payment isn’t enough (in itself), but where does this leave owners faced with late payments?

Any uncertainty about whether an owner can automatically terminate a charterparty and claim damages for a single late payment of hire has been resolved by the decision of the Court of Appeal in Grand China Logistics Holding (Group) Ltd v Spar Shipping AS [2016] EWCA Civ 982 (7 October 2016). [click on case name for […]

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Mitigation – what happens when the claimant makes money?   »

The New Flamenco What constitutes mitigation has never been easy to assess. The primary rule, that a claimant must take all reasonable steps to mitigate the loss he suffers as a result of the defendant’s breach, is well understood. In short, a claimant cannot recover for avoidable loss.   More difficult is the principle governing […]

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OW decisions create uncertainty   »

It is now just over one year since the dramatic collapse of OW Bunker, which has led to considerable hardship for creditor companies and wide-scale legal action. There has been criticism not only of legal judgments handed down in cases arising from the collapse of the company in 2014 and also comparisons between different jurisdictions as […]