ASSOCIATED BRITISH PORTS v FERRYWAYS NV AND ANOTHER

[2008] 2 Lloyd's Rep. 353

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Field

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 - Measure of damages recoverable for ferry operator’s repudiatory breach - Third party agreeing with port operator to assume full responsibility for ensuring ferry operator’s performance - Whether guarantee or indemnity - Whether guarantee rendered unenforceable.