The parties had agreed a charterparty. The defendant repudiated the charter, but the Gulf War in 2003 meant that the the contract would have been frustrated in any event shortly afterwards.
Held: The assessment of damages for repudiation of a long-term charterparty must make allowance for the supervening event, to allow the importance of achieving an assessment of damages and compensation which more properly reflected the actual loss which could be seen to have been suffered. There was no separate standard of proof. No member of the court in the Mihailis Angelos had claimed to lay down a general rule applying in all cases in repudiation where there was an available market.
Judges:
The Honourable Mr Justice Langley
Citations:
[2005] EWHC 161 (Comm), Times 04-Mar-2005, [2005] 1 All ER (Comm) 467
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Maredelanto Compania Naviera SA v BergbauHandel GmbH (The Mihalis Angelos) CA 1-Jul-1970
The parties had agreed a charterparty. The ship was to sail to Haiphong to load a cargo for delivery in Europe. The charterer had a right to cancel if the vessel was not ready on a certain date, but a few days earlier they repudiated the charter. . .
Cited – B S and N Limited (BVI) v Micado Shipping Limited (Malta) (‘The Seaflower’) CA 22-Nov-2000
. .
See Also – Nippon Yusen Kubishiki Kaisha v Golden Strait Corporation ComC 17-Jan-2003
The parties entered into a charterparty. The court was now asked how that might be determined under its terms. . .
Cited by:
Appeal from – Golden Strait Corporation v Nippon Yusen Kubishika Kaisha; ‘the Golden Victory’ CA 18-Oct-2005
Measurement of damages for repudiatory breach.
The parties had entered into a charter which was intended to last seven years. The charterers broke the charterparty. A war later occurred which would have cut the contract short in any event.
At First Instance – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Lists of cited by and citing cases may be incomplete.
Transport, Damages
Updated: 29 June 2022; Ref: scu.222781