Smit Salvage BV & Ors v Luster Maritime SA & Anr (The ‘Ever Given’) [2023] EWHC 697 – 3- March 2023 (Baker J)

The Claimant Salvors of the Suez Canal-grounded “Ever Given”,  sought remuneration from the Defendant Owners pursuant to the Salvage Convention or at common law. The Court decided a preliminary issue as to whether (as Owners argued) remuneration was governed by a concluded binding agreement (based on some ‘main terms’ plus a confirmation). The Owners’ defence failed as it was found that, by their exchanges and conduct objectively assessed, the parties did not purport to conclude a binding contract but merely reached an agreement as to the remuneration terms for a wider contract that was being negotiated.