Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd
The tribunal correctly applied the orthodox test of remoteness; the loss of profit on the sub-charter was foreseeable and within the reasonable contemplation of the parties, and thus recoverable. The case did not present the unusual features of The Achilleas requiring consideration of assumption of responsibility.
- Parties
- Claimant: Sylvia Shipping Co Limited; Defendant: Progress Bulk Carriers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 18 March 2010
- Procedural Posture
- Arbitration Appeal / Judgment on Appeal From Arbitration Award
- Outcome
- Appeal dismissed
- Legal Topics
- Remoteness of Damages, Charterparty, Breach of Contract, Damages Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Sylvia Shipping Co Limited
Claimant
Progress Bulk Carriers Limited
Defendant
Procedural Posture
Arbitration Appeal / Judgment on Appeal From Arbitration Award
Legal Issues
- 1 Whether damages for loss of a sub-fixture are too remote in law under a time charterparty
- 2 Whether the tribunal erred in law in its application of the remoteness test
Ratio Decidendi
The tribunal correctly applied the orthodox test of remoteness; the loss of profit on the sub-charter was foreseeable and within the reasonable contemplation of the parties, and thus recoverable. The case did not present the unusual features of The Achilleas requiring consideration of assumption of responsibility.
Court Disposition
Appeal dismissed
Orders
- The Owners' appeal is dismissed.
Full Case Text
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