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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

29/01/2014

Astipalaia v Hanjin Shenzhen

This is an archived article, and some links may not work. Contact us if you have any questions.

In late March 2008, there was a collision between the fully laden VLCC Astipalaia and the container ship Hanjin Shenzhen just off Singapore, where Astipalaia was due to discharge. Liability was agreed at 80:20 in favour of Astipalaia. The damages due to Astipalaia were not agreed and have now been fixed by this judgment of the Admiralty Registrar (Master Kay Q.C.).


The major issue concerned the proper approach in assessing Astipalaia’s loss of earnings from the collision, in circumstances where she was fully repaired (physically) by late April 2008, but prejudiced in her trading options for a further two months because due to the collision she lost, and required time to regain, acceptability to oil majors so as to be able to trade normally. It was common ground that this consequence of the collision was reasonably foreseeable.


The court upheld the argument for Astipalaia that damages could and should be awarded, since they could sensibly be quantified with the help of expert evidence as to VLCC spot market earnings, for the entire period during which Astipalaia was impaired in her ability to trade normally. Arguments on behalf of Hanjin Shenzhen that there were principles of law curtailing or precluding such an assessment were rejected. Leading cases, including The Argentino (1888) 13 PD 191 (C/A), 14 App Cas 519 (H/L), The Soya [1956] 1 WLR 714 (C/A) and The Vicky 1 [2008] 2 Lloyd’s Rep. 45 (C/A), were analysed and applied. In particular, the court accepted Astipalaia’s contention that they did not create any rule of law, as claimed by Hanjin Shenzhen, either (a) that damages were limited to earnings lost whilst under repair unless Astipalaia proved what precise fixture would have been performed next, absent the collision, or (b) that if such next fixture were proved, damages were limited to the loss of that fixture.


Andrew W Baker Q.C. appeared for Astipalaia (instructed by Ince & Co LLP).


 

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