Fulton Shipping Inc of Panama v. Globalia Business Travel SAU (The “New Flamenco”) – Court of Appeal [2015] EWCA Civ 1299, 21 Dec 2015

On 28 June 2017 the Supreme Court overruled the Court of Appeal and reinstated the Comm. Court’s ruling.  I.e. After repudiating the charter party, charterer is not entitled to a credit for the difference in diminished value between when the vessel was sold in 2007 versus had it been sold in 2009  when it was to have been redelivered. NYPE – TIME CHARTER  –  ANTICIPATORY BREACH – EARLY REDELIVERY – WHETHER A MARKET AVAILABLE IN WHICH TO MITIGATE LOSS – CAUSATION – Charterer Award While under a time charter the vessel was redelivered two years early. An arbitrator found in favor of...