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England and Wales decisions
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The High Court held that Tonzip was not entitled to refuse loading a cargo on sanctions grounds, so its damages claim failed. 2Rivers succeeded on its counterclaim.
Commercial Court judgment on charterparty and guarantee claims, rejecting a purported restructuring agreement, waiver, and estoppel defenses.
The Supreme Court held that a charterer may limit liability for an owner’s claims, but not for claims for damage to the vessel itself; cargo decontamination costs were limitable.
Tonzip Maritime Ltd v Coral Energy PTE Ltd [2024] EWHC 1970 (Comm) (29 July 2024)
The High Court dismissed a late application for specific disclosure in a voyage charterparty dispute, holding the requested documents were outside the pleaded issues.
SFL Ace 2 Company Inc v DCW Management Ltd [2024] EWHC 1877 (Comm) (22 July 2024)
The Commercial Court held that recap emails from 30 May 2022 created a binding guarantee by AGML, satisfied the Statute of Frauds, and supported damages for repudiatory breach.
Southeaster Maritime Ltd v Trafigura Maritime Logistics Pte Ltd MV "Aquafreedom" [2024] EWHC 255 (Comm) (08 February 2024)
Summary judgment was granted for the Owners. The court held no binding charterparty was concluded because the CMA subject was a condition precedent and key terms were never finally agreed.
Mercuria Energy Trading PTE v Raphael Cotoner Investments Ltd (m/t Afra Oak) [2023] EWHC 2978 (Comm) (23 November 2023)
On a section 69 appeal from an arbitration award, the High Court held that Article IV(2)(a) could apply where a master’s breach of orders was caused by navigational error.
The Commercial Court held that pre-delivery Margin is excluded from Break Costs, the deposit-rate limb is objective, and certain legal costs are not recoverable twice.
DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Re "Newcastle Express") [2022] EWCA Civ 1555 (24 November 2022)
The Court of Appeal held that a charterparty recap marked subject shipper/receivers approval did not create a binding arbitration agreement until the subject was lifted.
Commercial Court judgment on maritime indemnities, holding that discharge orders triggered enforceable deemed indemnities and an implied internal indemnity within the charter chain.
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