Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
people

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

20 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

20 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

17/04/2013

Kuwait Rocks Co v AMN Bulkcarriers Inc ("The Astra") [2013] EWHC 865 (Comm) [2013] 2 Lloyd's Rep. 69

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

In a landmark decision, Flaux J has ruled that the obligation upon a charterer to make punctual payment of hire in clause 5 of the NYPE 1946 form is a condition whether or not there is an anti-technicality clause in the charterparty. Although the point did not need to be decided to resolve the s.69 arbitration appeal, Flaux J's judgment on the point is detailed and appears to be intended to provide an alternative ratio.

In overturning the position previously accepted by most texts on this standard form, Flaux J has handed great power to owners who may now withdraw their vessels from charterers' service on a falling market without suffering financial loss. The potential damages claims against charterers will be very significant; in this case, for example, the sum at stake was some US$12 million.

In the same decision, Flaux J also addressed the proper legal test for repudiation of a contract. Although briefly, Flaux J also addressed the question of whether an agreement to pay loss of bargain damages in the event of a withdrawal of a vessel for the non-payment of hire was a penalty. Having considered Lombard North Central Plc v Butterworth [1987] 1 QB 527, Flaux J concluded that adding such a regime would convert the payment obligation into a condition.

Josephine Davies and Rupert Hamilton acted for the appellant (instructed by Watling & Co)

 


Share