Case Nos: CL-2023-000206 and CL-2023-000207 - [2025] EWHC 1591 (Comm)

Fecha: 26-Jun-2025

Conclusions

Overall Conclusions

149.

In summary, therefore, I reject the Defendants’ defence based on the ‘General Agreement’, and Guarantors’ defences under the Guarantees.

150.

Charterers are liable under the Kailash Charterparty to MT Kailash for an amount of US$ 29,994,886.28, together with contractual interest. Charterers are liable under the Ben Nevis Charterparty to OCSL for US$ 46,554,735.50 together with contractual interest.

151.

Guarantors are liable to OCSL under the Ben Nevis Guarantee for US$ 7.5 million, together with contractual interest; and Guarantors are liable to MT Kailash for US$ 6 million under the Kailash Guarantee, together with contractual interest.

152.

I trust that the parties will be able to agree an order reflecting the conclusions expressed in this judgment.

Heading
The issues and the parties’ arguments 8 The Alleged General Agreement 9
Overall Conclusions 32
The Charterparties
The Guarantees
The General Assignments
Charterers’ Default
The issues and the parties’ arguments
The Alleged General Agreement
Contract formation
Waiver
Estoppel
The facts relevant to the alleged General Agreement
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Owners
Charterers
Conclusions as to the General Agreement
Waiver
Estoppel
Other Liability Issues under the Charterparties
Quantum of Claims under the Charterparties
The Claim on the Guarantees
The Parties’ contentions
Conclusions as to liability issues on Guarantees
Quantum of claim on Guarantees
Conclusions