Source: All England Reporter
Publisher Citation: [2015] All ER (D) 103 (Jan)
Neutral Citation: [2015] EWHC 32 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Mr Justice Teare

Representation Andrew Baker QC and Luke Pearce (instructed by Ince & Co LLP) for the charterers.
  Robert Bright QC and Emma Hilliard (instructed by Watson Farley & Williams LLP) for the first to fourth defendants.
  The fifth defendant did not appear and was not represented.
Judgment Dates: 16 January 2015

Catchwords

Contract - Charterparty - Breach - Claim for damages for breach of charterparties - Claimant charterers of four vessels bringing claim for breach of charterparties by registered owners of vessels after vessels withdrawn from service - Charterers contending charterparties fixed by fifth defendant as agent of registered owners - Whether fifth defendant having authority to enter into charterparties on behalf of registered owners - Charterers claiming in alternative fifth defendant liable in damages for breach of implied warranty of authority - Whether claims for breach of contract being established - Whether fifth defendant liable for breach of implied warranty.

The Case

Contract Charterparty. The charterers of four vessels claimed damages from the first to the fourth defendant registered owners of the vessels, alleging breach of charterparties by withdrawing the vessels from service. The charterers contended that the charter parties had been fixed by the fifth defendant, as agent, on behalf of the owners. The Commercial Court, in dismissing the main claim, held that there was no evidence that the fifth defendant had been authorised to conclude the charterparties on behalf of the owners. The charterers succeeded on the alternative claim against the fifth defendant, which was held liable in damages for breach of an implied warranty of authority.

Practice Areas

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