SK Shipping Europe Ltd v Capital VLCC 3 Corp [2022] EWCA Civ 231 – 25 February 2022 (Males LJ, Phillips LJ, Carr LJ)

Owners made pre-contractual speed/consumption representations, which were included in the t/c warranties, save as for the statement “above…is based on..last 3 voys”. In addition to deducting for over-consumption, Charterers alleged misrepresentation, then fixed the Vessel for a considerable voyage (UK-Malaysia) before purporting to rescind/terminate the t/c. The CA, upholding the decision below, held there was no misrepresentation; statements of past performance were not representations of future performance, nor had they induced the contract. Further, despite Charterers reserving their rights, ordering the Vessel on that long voyage had affirmed the contract.