Nautica Marine Ltd v Trafigura Trading LLC (Rev 1) [2020] EWHC 1986 (Comm) (28 July 2020)

No binding charterparty contract was concluded because the 'Suppliers' Approval Subject' was a pre-condition to contract formation, not a performance condition, and essential terms remained outstanding at the time the deadline for lifting subjects expired. Trafigura was not contractually obliged to take reasonable steps to satisfy the Suppliers' Approval Subject. Accordingly, Nautica's claim for damages fails.

Citation: [2020] EWHC 1986 (Comm)
Parties: Claimant: Nautica Marine Limited; Defendant: Trafigura Trading LLC
Jurisdiction: England and Wales
Judgment Date: 28 July 2020
Procedural Posture: Commercial Court Claim / Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Formation of Contract, Charterparty, Pre Conditions and Performance Conditions, Damages for Breach of Contract

Contract Law Maritime Law Formation of Contract Charterparty Pre Conditions and Performance Conditions Damages for Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Nautica Marine Limited

Claimant

Trafigura Trading LLC

Defendant

Procedural Posture

Commercial Court Claim / Judgment After Trial

Legal Issues

1 Whether a binding charterparty contract was concluded between the parties
2 Whether the 'Suppliers' Approval Subject' was a pre-condition or a performance condition
3 Whether Trafigura was obliged to take reasonable steps to satisfy the Suppliers' Approval Subject

Ratio Decidendi

Court Disposition

Claim dismissed