Source: All England Reporter
Publisher Citation: [2005] All ER (D) 189 (Nov)
Neutral Citation: [2005] EWHC 2528 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Christopher Clarke J

Representation Stewart Buckingham (instructed by Clyde & Co) for the claimant.
  Michael Ashcroft (instructed by Thomas Cooper & Stibbard) for the defendant.
Judgment Dates: 15 November 2005

Catchwords

Shipping - Carriage by sea - Breach of condition of contract - Estimated time of arrival of vessel - Claimant failing to make inquiries about conditions at load port - Vessel unable to berth due to adverse conditions - Whether claimant in breach of contract - Whether defendant entitled to terminate contract.

The Case

The defendant succeeded in establishing that it had been entitled to cancel the contract for the sale of butane, on the ground that the claimant had been in breach of condition with respect to the estimated time of arrival of the vessel.

Practice Areas

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