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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

06/09/2011

Star Reefers Pool Inc v JFC Group Co Ltd [2011] EWHC 2004 (Comm)

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

High Court rules on measure of damages for early redelivery under a time charterparty


On 23 August 2011 the Commercial Court handed down judgment on a claim brought by Star Reefers Pool Inc against JFC Group Co Ltd under two contracts of guarantee.  The guarantees were in respect of a charterer’s obligations under two long-term time charterparties, which were repudiated in September 2010, at which point they had more than a year left to run.  The case raised an important question as to the assessment of the owners’ damages following the charterer’s repudiation of the charterparties.  On the facts of the case, at the date of the termination of the charterparties there was an available market for substitute fixtures on similar terms to the charterparties for the remaining periods.  However, the owners chose not to enter into that market, but instead traded the vessels for the remaining periods on the spot market, and earned higher rates of income than they would have done had they entered into the available market at the date of the breach.  The question was whether the owners were entitled to claim damages by reference to the market rates at the date of the repudiation, or whether the actual income received by the owners had to be taken into account in the assessment of damages.  It was held, following the decision of Goff J in The Elena d’Amico [1980] 1 LLR 75, that the owners’ damages were to be assessed by reference to the available market at the date of the breach, and it was irrelevant that the owners had not in fact entered into the market. 


Charles Kimmins QC and Luke Pearce appeared on behalf of the Claimants (instructed by Stephenson Harwood).


Click here for judgment

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