As widely expected, the CA in Grand China Logistics Holding (Group) Co. Ltd. v Spar Shipping AS [2016] EWCA Civ 982 has upheld Popplewell J’s decision that failure to pay hire on the nail in a time charter is not a breach of condition. IISTL stalwart Simon Rainey QC was on the winning side (though not on this issue): the court relied on the Restatement of the English Law of Contract, an increasingly respected publication for which another IISTL man, Professor Andrew Tettenborn, was partly responsible. More detailed analysis will follow later.
Non-payment of hire not breach of condition
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IISTL
IISTL exists as a specialist research and professional training centre within the School of Law at Swansea University, promoting research and teaching of the highest standard in international shipping and trade law, fostering co-operation with other academic institutions and professional, commercial, shipping, insurance and business organisations. Over the last decade, the IISTL has gained a world-wide reputation for its contribution to research, policy making, professional training and teaching in the areas of shipping and trade law. View all posts by IISTL
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