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18 July 2014 / Richard Adkinson
Issue: 7615 / Categories: Features , Commercial
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Calmer waters

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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

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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