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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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