Source: All England Reporter
Publisher Citation: [2012] All ER (D) 155 (Mar)
Neutral Citation: [2012] EWCA Civ 198
Court: Court of Appeal, Civil Division
Judge:

Longmore, Davis LJJ and Sir David Keene

Representation Stephen Cogley QC (instructed by Andrew Jackson) for the charterer.
  Dominic Kendrick QC and Thomas Raphael (instructed by Stephenson Harwood LLP) for the owner.
Judgment Dates: 29 February 2012

Catchwords

Shipping - Carriage by sea - Damages for breach of contract - Defect in vessel becoming apparent in course of voyage - Oil company removing approval of vessel - Charterer alleging breach of charterparty - Court finding owner in breach of charterparty - Owner appealing - Whether court erring.

The Case

Shipping Carriage by sea. The Court of Appeal, Civil Division, allowed the shipowner's appeal on the basis that the judge erred in concluding that the owner had been in breach of the charterparty, in that the vessel provided had the proper approval from named oil companies at the time the charterparty was made.

Practice Areas

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