Orion Shipping and Trading Ltd v Great Asia Maritime Ltd [2024] EWHC 2075 (Comm) (9 August 2024) (Dias DBE J)

Sellers of a Cape-size bulk carrier failed to serve timely NOR (not having made reasonable arrangements to disembark crew). Buyers lawfully cancelled. Based on Clause 14 of the NSF 2012 form MOA, providing “due compensation” for loss and expense if the failure is due to “proven negligence”, the Tribunal awarded loss of bargain damages to Buyers. On appeal, the Court ruled that in the absence (as here) of a repudiatory breach, no such damages are recoverable.