Open AccessTransfield Shipping Inc v Mercator Shipping Inc The Achilleas [2007] 2 Lloyds Rep 555
Author(s) -
Jae Sundaram
Publication year - 2012
Publication title -
denning law journal
Language(s) - English
Resource type - Journals
eISSN - 2047-2765
pISSN - 0269-1922
DOI - 10.5750/dlj.v20i1.331
Subject(s) - damages , appeal , law , court decision , mercator projection , surprise , profit (economics) , business , economics , political science , sociology , cartography , communication , microeconomics , geography
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.