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04 April 2014
Issue: 7601 / Categories: Case law , Law reports , In Court
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Contract—Repudiation—Anticipatory breach

Geden Operations Ltd v Dry Bulk Handy Holdings Inc [2014] EWHC 885 (Comm), [2014] All ER (D) 271 (Mar)

Queen’s Bench Division, Commercial Court, Popplewell J, 28 Mar 2014

There is no principle of law whereby a party who has made his performance dependent on a discretion to be exercised by a third party is ipso facto deemed to be evincing an intention not to perform.

Charles Kimmins QC and Thomas Corby (instructed by Lax & Co) for the charterparty. Timothy Hill QC and Jeremy Lightfoot (instructed by Ince & Co) for the owners.

In July 2010 the parties entered into a time charterparty on an amended NYPE form for about 35 to 37 months. The vessel was still under construction at the time. Clause 8 provided in the usual way that the captain was to be under the orders and directions of the charterers. The charter also contained a Conwartime 2004 clause on an amended BIMCO piracy clause. The amendments deleted paras (a) and (b) so as to enable

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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