Ark Shipping Company LLC v 22 February 2019 Silverburn Shipping (loM) [2019]

Court of Appeal
Written By Louise Glover

Ark Shipping Company LLC v 22 February 2019 Silverburn Shipping (loM) [2019] EWCA Civ 1161 — 10 July 2019 (Gross LJ, Mccombe LJ, Leggatt LJ)

“In concluding that the Classification clause (9) in a BARECON '89 Charterparty is a condition, the CA (overruling the High Court) found that it is instead an innominate term, for the following reasons of construction and business common sense: it r…

“In concluding that the Classification clause (9) in a BARECON '89 Charterparty is a condition, the CA (overruling the High Court) found that it is instead an innominate term, for the following reasons of construction and business common sense: it relates merely to classification status; it is not expressed to be a condition nor is it a time clause or a condition precedent leading to significant consequences; further, it was closely bound up with the general obligation to maintain physical condition of the vessel and a trivial breach might well result in disproportionate consequences destructive of a long-term contractual relationship.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
10th July 2019

Louise Glover
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