Glencore Energy UK Ltd v OMV Supply & Trading Ltd

Glencore Energy UK Ltd v OMV Supply & Trading Ltd

An implied contract arose when Glencore Energy acceded to OMV's request for the vessel to wait, entitling Glencore to compensation at the demurrage rate for the waiting period and for bunkers consumed. The express contract did not cover the situation, and the claim was not time-barred as demurrage.

Parties
Claimant: Glencore Energy UK Limited; Defendant: OMV Supply & Trading Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2018
Procedural Posture
Commercial Contract Dispute / Judgment
Outcome
Claim allowed
Legal Topics
Implied Contracts, Demurrage, Detention, Remuneration for Vessel Waiting, Variation of Contract
Contract Law Commercial Law Implied Contracts Demurrage Detention Remuneration for Vessel Waiting Variation of Contract

Case Brief

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Parties

Glencore Energy UK Limited

Claimant

OMV Supply & Trading Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Judgment

Legal Issues

  1. 1 Whether Glencore Energy is entitled to compensation for vessel waiting at OMV's request
  2. 2 Whether the claim is for demurrage or detention
  3. 3 Whether the claim is time-barred under the contract

Ratio Decidendi

An implied contract arose when Glencore Energy acceded to OMV's request for the vessel to wait, entitling Glencore to compensation at the demurrage rate for the waiting period and for bunkers consumed. The express contract did not cover the situation, and the claim was not time-barred as demurrage.

Court Disposition

Claim allowed

Orders

  • Glencore Energy is entitled to compensation at the demurrage rate for the vessel's waiting period and for bunkers consumed.