CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd ("The Pacific Voyager") [2018]

CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd ("The Pacific Voyager") [2018] EWCA Civ 2413 — 6 November 2018 (Longmore LJ, Lady Justice King, Sir Rupert Jackson)

“Under a voyage charter on an amended Shellvoy 5 form, charterers exercised their right to cancel but also claimed damages following from a breach of the obligation to commence the approach voyage in time. Although the c/p contained neither ETA nor …

“Under a voyage charter on an amended Shellvoy 5 form, charterers exercised their right to cancel but also claimed damages following from a breach of the obligation to commence the approach voyage in time. Although the c/p contained neither ETA nor expected readiness to load provision, the CA, confirming the Court below, found that the c/p references to the previous fixture itinerary equally imposed upon owners an obligation to begin the approach voyage "forthwith" or "within a reasonable time".”

Antonino Cordopatri
E. G. Arghyrakis & Co.
07th November 2018

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