Commercial Court
Case Nos: CL-2023-000206 and CL-2023-000207 - [2025] EWHC 1591 (Comm)
Fecha: 26-Jun-2025
The Guarantees
The Guarantees
By a deed dated 14 July 2014, Guarantors guaranteed Charterers’ obligations to MT Kailash under the Kailash Charterparty up to a maximum of US$ 6 million (the ‘Kailash Guarantee’). By a deed dated 10 April 2015, Guarantors guaranteed Charterers’ obligations under the Ben Nevis Charterparty up to a maximum of US$ 7.5 million (the ‘Ben Nevis Guarantee’). The Ben Nevis Guarantee was revised on 12 June 2015. Both Guarantees were in materially similar terms. I will refer in more detail to the terms of the Guarantees in due course.
- 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