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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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