SK Shipping Europe plc v Capital VLCC 3 Corporation and Others (The “C Challenger”) – Court of Appeal (Males, Phillips and Carr LJJ) [2022] EWCA Civ 231– 25 February 2022

Charterparty – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach –– Whether guarantor liable

A Korean company, SK Shipping, was the operator of four VLCCs. In October 2016 it decided to charter the vessels out on long-term time charters. A document was circulated to various brokers (the November 2016 Circular) which contained speed and consumption data for all four vessels. The accompanying text included “Above data is based on average of last 3 voys”.