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CoA decides that Payment of Hire under Time Charterparties is not a Condition – The Astra is laid to rest

CoA decides that Payment of Hire under Time Charterparties is not a Condition – The Astra is laid to rest

Michael Coburn QC and Josephine Davies acted for the Appellant in Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd.  In its landmark judgment delivered today, [2016] EWCA Civ 982. upholding Popplewell J, the Court of Appeal has ruled that the obligation to pay hire under a time charterparty is not a condition. This resolves the uncertainty created by Flaux J’s earlier contrary decision in The Astra [2013] 2 All ER (Comm) 689. 

In the bulletin below, Michael and Josephine examine the decision in greater detail.

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Spar Shipping (003).pdf100.19 KB