Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
The Supreme Court held that English law does not recognise a Mackay v Dick doctrine of deemed fulfilment, so the sellers could not claim the deposits as debts.
Clause 86 obligates Charterers to compensate Owners at the hire rate for time spent on underwater cleaning, regardless of whether cleaning occurs before or after redelivery; claim is in debt, not damages.
Source excerpt
Where a party's breach prevents fulfilment of a condition precedent to the accrual of a debt, and the contract does not indicate a contrary intention, the condition is treated as fulfilled or dispensed with, and the debt accrues. The Sellers are entitled to recover the deposits in debt, not merely damages.
Source excerpt
King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 (27 June 2024)
The Court of Appeal held that buyers who breached their duty to enable escrow accounts could be sued for the undeposited sums in damages, not debt.
On assessment of quantum after default judgment, the court held the defendant could not reopen liability issues. Damages and debt were awarded subject to deductions.
New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)
After default judgment on liability, the court held the defendant could not revive repudiation or early-termination defences at quantum. Damages were awarded with deductions.
Explore more
