PETROPLUS MARKETING AG v SHELL TRADING INTERNATIONAL LTD (THE “NINAE”)

[2009] 2 Lloyd's Rep. 611

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Andrew Smith

Sale of goods (fob) — Contract for sale of high sulphur fuel oil — Price based on Platts quotation for bill of lading date — Contract providing for payment in full without deduction — Delay in shipment caused by sellers’ breach of contract — Market price of oil increasing between last contractual shipment date and actual shipment date — Whether sellers precluded from recovering increase in price caused by delay in shipment — Whether sellers seeking to rely on own wrong.