Source: All England Reporter
Publisher Citation: [2012] All ER (D) 38 (Dec)
Neutral Citation: [2012] EWHC 3468 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Gloster J

Representation Nigel Jacobs QC (instructed by Holman Fenwick Willan LLP) for the owners.
  Yash Kulkarni (instructed by Thomas Cooper) for the charterers.
Judgment Dates: 5 December 2012

Catchwords

Shipping - Charterparty - Construction - Claimant owners chartering vessel to defendant charterers - Owners suspending services for non-payment of hire under charterparty clause - Arbitrators finding five banking days' notice of suspension being required but no such implied term - Owners appealing - Whether owners being required to give notice of suspension - Whether charterparty containing implied term.

The Case

Shipping Charterparty. The claimant owners chartered a vessel to the defendant charterers on an amended BIMCO Supplytime 1989 form. They suspended the provision of the services for non-payment of hire under a clause of the charterparty. The owners appealed against the arbitrators' decision that they were required to give the charterers five banking days' notice before suspending services. The Commercial Court held that, on the proper construction of the charterparty clause, the owners were not required to give notice, nor was there an implied term requiring notice.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.