Lloyd's Shipping & Trade Law

Charterparty – Off-hire – Net loss of time

Flame SA v Glory Wealth Shipping Pte Ltd (The Glory Wealth) [2013] EWHC 3153 (Comm) is yet another shipping dispute arising from the collapse in the market in the wake of the financial crisis. This short commentary is focused solely on certain aspects related to the assessment of damages for wrongful repudiation of the contract of affreightment (COA) concluded by the parties.

The recent decision of Males J in Caresse Navigation Ltd v Office National de L’Electricite (The Channel Ranger) [2013] EWHC 3081 (Comm) once again illustrates the liberal approach of the English court to the issue of incorporation of arbitration, jurisdiction and governing law clauses from a charterparty into a bill of lading.

Collision – Settlement agreement apportioning liability – Limitation period not extended – Merchant Shipping Act 1995, section 190