Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

COLONIAL BANK (NOW BANK OF BOSTON CONNECTICUT) v. EUROPEAN GRAIN & SHIPPING LTD. (THE “DOMINIQUE”)

[1989] 1 Lloyd's Rep. 431

HOUSE OF LORDS

Before Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Oliver of Aylmerton, Lord Goff of Chieveley and Lord Jauncey of Tullichettle

Charter-party (Voyage) - Freight - Non-payment - Bank gave notice of assignment to charterers - Vessel arrested by creditor - Owners unable or unwilling to continue voyage - Charterers incurred transhipment costs - Whether bank entitled to claim freight from charterers - Whether charterers entitled to right of set off.

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