The court considered ‘the nature of a shipowner’s right to recover from charterers remuneration for services rendered after a ship has been withdrawn from the charterers’ service under a time charter, pursuant to an express contractual right of withdrawal’.
Held: Apart from any express request which might be found to have been made (to render such services), Rober Goff J thought that ‘their liability (if any) to pay remuneration for the services so rendered can only derive from the principles of the law of restitution’.
Judges:
Robert Goff J
Citations:
[1982] 1 Lloyds Rep 45
Jurisdiction:
England and Wales
Cited by:
Cited – Petroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 08 May 2022; Ref: scu.462962
