Eastern Pacific Chartering Inc v Pola Maritime Ltd [2022] EWHC 2095 – 10 August 2022 (Ms Clare Ambrose)

The Claimant Owners claimed unpaid T/C hire in High Court proceedings and to secure that claim, arrested a ship, believed to be in Charterers’ ownership, at Gibraltar.  The Defendant Charterers sought to set off against hire (i) tortious damages for wrongful arrest; (ii) damages for breach of the C/P delivery/maintenance provisions by reason of hull fouling and (iii) underperformance.

In principle, the Court would have entertained (i) Gibraltar Admiralty law reflecting English law - but found the arrest not wrongful. It disallowed (ii) damages for hull fouling as they would duplicate (iii) the performance claim, which was partially allowed - some good weather underperformance having been made out.