Charterparty

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd (’The Mamola Challenger’) [2010] EWHC 2026 (Comm)

Edward Yang Liu

Charterer repudiating time charter – Damages – Market rate of hire higher than contract rate of hire – Whether owner entitled to claim damages as expenses incurred in preparing to perform charterparty although no net loss was sustained

The facts

The claimant Mamola Challenger Shipping Co Ltd (‘the owners’) entered into a time charterparty with the defendant Omak Maritime (‘the charterers’) for a period of five years for MV Mamola Challenger. Owners incurred various expenses in preparation for modifications including the cost for installation of a new crane on the vessel as per the requirements of the charterparty.