| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 31 (Aug) |
| Neutral Citation: | [2002] EWHC 1678 (Comm) |
| Court: | Commercial Court |
| Judge: | Nigel Teare QC sitting as a deputy judge of the High Court |
| Representation | Julian Kenny (instructed by Clyde & Co) for the claimant. |
| Michael Ashcroft (instructed by Ince & Co) for the defendant. | |
| Judgment Dates: | 7 August 2002 |
Catchwords
Shipping - Time charterparty - Hire - Claimant owner of chemical tanker seeking to recover hire under time charterparty - Defendant charterer counter-claiming for breach of charterparty - Whether claimant having defence to counterclaim on grounds of estoppel.
The Case
In proceedings by which the defendant charterer counter-claimed for damages for breach of a time charterparty against the claimant owners of a chemical tanker, the court ruled that, on the evidence, the claimant had failed to establish its defence on the basis of estoppel and was accordingly liable in damages for breach of the charterparty.
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