Globe Master Management Ltd v Boulus-Gad Ltd [2002] EWCA Civ 313 (5 March 2002)

Globe Master Management Ltd v Boulus-Gad Ltd [2002] EWCA Civ 313 (5 March 2002)

The deterioration in the security situation was not a fundamentally or radically different event sufficient to frustrate the contract. There was no evidence that performance was impossible or radically different, nor that reasonable shipowners would not operate in the area. The force majeure clause did not excuse payment obligations. Summary judgment was appropriate as there was no real prospect of a successful defence.

Citation
[2002] EWCA Civ 313
Parties
Claimant/respondent: Globe Master Management Limited; Defendant/appellant: Boulus-Gad Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2002
Procedural Posture
Appeal / Appeal From Summary Judgment in the High Court, Commercial Court
Outcome
Appeal dismissed
Legal Topics
Frustration of Contract, Force Majeure, Summary Judgment, Guarantee Liability
Contract Law Commercial Law Frustration of Contract Force Majeure Summary Judgment Guarantee Liability

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Parties

Globe Master Management Limited

Claimant/respondent

Boulus-Gad Limited

Defendant/appellant

Procedural Posture

Appeal / Appeal From Summary Judgment in the High Court, Commercial Court

Legal Issues

  1. 1 Whether the deterioration in security situation constituted a frustrating event or force majeure under the crew management agreement
  2. 2 Whether summary judgment was appropriate given the defences raised

Ratio Decidendi

The deterioration in the security situation was not a fundamentally or radically different event sufficient to frustrate the contract. There was no evidence that performance was impossible or radically different, nor that reasonable shipowners would not operate in the area. The force majeure clause did not excuse payment obligations. Summary judgment was appropriate as there was no real prospect of a successful defence.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to amend notice of appeal granted
  • Appeal dismissed with costs assessed at £12,987.50