header-logo header-logo

04 April 2014
Issue: 7601 / Categories: Case law , Law reports , In Court
printer mail-detail

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

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll