January, 2016 - New Flamenco

This is the latest case to consider the assessment of damages arising from the early re-delivery of a ship by a charterer in breach of charterparty, in circumstances where there was no available market in which to re- x the ship on an equivalent basis. The dispute arose from a rather unusual scenario as the ship was sold by her owner due to the charterer’s early re-delivery.
The Court of Appeal’s judgment offers a useful recap on principles of mitigation and their applicability to ‘no available market’ cases.