header-logo header-logo

18 July 2014 / Richard Adkinson
Issue: 7615 / Categories: Features , Commercial
printer mail-detail

Calmer waters

commercial_adkinson

Richard Adkinson welcomes judicial guidance on the thorny issue of the quantum of damages for breach of contract

In Fulton Shipping Inc of Panama v Globalia Business Travel SAU [2014] EWHC 1547 (Comm), [2014] All ER (D) 184 (May) the claimant, Fulton Shipping (the owner) managed a small cruise ship called the “New Flamenco”. It had chartered it to the defendant, Globalia Business (the charterer). In August 2005, the parties agreed to extend the charter to 28 October 2007 with an option for a third year. On 8 June 2007, it agreed to extend the charter to 2 November 2009. In fact, in the run up to August 2007 the charterer, wrongly, disputed that it had reached any such agreement in June that year. On 17 August 2007, the owner treated the charterer’s position as an anticipatory breach and accepted the breach as terminating the contract. The charterer handed the vessel back on 28 October 2007. The owner sold it immediately for USD$23,765,000. The financial crisis caused the ship’s value to plummet to just US$7,000,000

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll