Associated British Ports v Ferryways NV and Anr – QBD (Com Ct) (Field J) – 13 June 2008

Contract – Port handling charges – Agreement between port operator and Ro-Ro ferry operator for handling “Units” at port of Ipswich – Clause providing for minimum annual throughput of “Units” – Meaning of term “Unit” – Whether clause a penalty – Whether ferry operator in repudiatory breach – Principles on which damages to be awarded – Guarantee – Port operator entering into separate agreement with third party – Whether agreement guarantee or indemnity – Whether guarantee rendered unenforceable

(2008) 747 LMLN 3