Skyros Maritime Corporation & Anor v Hapag-Lloyd AG

Skyros Maritime Corporation & Anor v Hapag-Lloyd AG

Owners are entitled to recover substantial damages for late redelivery assessed by reference to the difference between the market rate and the contract rate for the period of the overrun, regardless of whether they would have chartered the vessel again or were committed to selling it; owners' sale contracts are collateral and must be disregarded in assessing damages.

Parties
Appellant/owner: Skyros Maritime Corporation; Appellant/owner: Agios Minas Shipping Company; Respondent/charterer: Hapag-Lloyd AG
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; arbitrators' award restored.
Legal Topics
Damages for Late Redelivery, Time Charterparty, Measure of Damages, Remoteness, Res Inter Alios Acta, User Damages
Maritime Law Contract Law Damages for Late Redelivery Time Charterparty Measure of Damages Remoteness Res Inter Alios Acta User Damages

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Parties

Skyros Maritime Corporation

Appellant/owner

Agios Minas Shipping Company

Appellant/owner

Hapag-Lloyd AG

Respondent/charterer

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Are owners entitled to substantial damages for late redelivery when they would not have chartered the vessel again?
  2. 2 Should damages be assessed by reference to the market rate regardless of owners' actual plans?
  3. 3 Are owners' sale contracts collateral and to be disregarded in assessing damages?

Ratio Decidendi

Owners are entitled to recover substantial damages for late redelivery assessed by reference to the difference between the market rate and the contract rate for the period of the overrun, regardless of whether they would have chartered the vessel again or were committed to selling it; owners' sale contracts are collateral and must be disregarded in assessing damages.

Court Disposition

Appeal allowed; arbitrators' award restored.

Orders

  • Case remitted to arbitrators to assess damages based on difference between market rate and contract rate for overrun period.
  • Relevant market rate to be determined by arbitrators.