Case Nos: CL-2023-000206 and CL-2023-000207 - [2025] EWHC 1591 (Comm)
Fecha: 26-Jun-2025
Estoppel
Estoppel
For similar reasons, I do not consider that either a promissory estoppel (if relevantly different from a ‘waiver’ in this area) or an estoppel by convention is made out. Owners’ conduct was at most equivocal and that precludes there having been a promissory estoppel. In relation to estoppel by convention, I do not consider that it has been shown that the parties conducted themselves on the basis of a shared assumption that the Charterparties and Guarantees were no longer applicable. The fact that they continued to negotiate and exchange detailed proposals for a restructuring was inconsistent with a common assumption that the Charterparties and Guarantees had, in effect, already been cancelled.
- 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