Transfield Shipping Inc v Mercator Shipping Inc The Achilleas [2007] 2 Lloyds Rep 555
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IS THE COURT OF APPEAL DECISION IN THE ACHILLEAS GOOD LAW?In September 2007 the Court of Appeal upheld the decision of the Commercial Court in Transfield Shipping Inc v Mercator Shipping Inc The Achilleas. The case relates to the assessment of damages where late redelivery under a time charterparty causes the vessel to miss the cancellation date for the next fixture. The Commercial Court had earlier held that where a time charterparty had no unusual provisions or features and the time charterer fails to redeliver the vessel in time for its next fixture, leading to a loss of profit in the next fixture, the shipowner’s claim for damages based on that loss of profits against the redelivering charterer was not too remote, being a not “unlikely result” of late redelivery. This decision had come as a surprise to the shipping industry, especially amongst charterers.
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