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'''English High Court'''
'''Sylvia Shipping Co Limited v Progress Bulk Carriers Limited, [2010] EWHC 542 (Comm): English High Court of Justice - Commercial Court; Hamblen J.; 18 March 2010'''
John Passmore, instructed by Jackson Parton, for the Appellant, Sylvia Shipping
Chirag Karia, instructed by Marine Law, for the Respondent, Progress Bulk Carriers
Accordingly, Owners’ appeal was dismissed.
'''Comment'''
At first blush it might seem that Hamblen J’s decision is difficult to reconcile with The Achilleas. The situation is not helped by the different reasoning given by each of the judges in the House of Lords case. In the present case, it was decided that Charterers were entitled to damages for lost profit on a fixture lost as a result of a delay caused by Owners’ breach of charter. Yet, in The Achilleas, where Owners claimed damages for lost profit on a lost fixture as a result of Charterers’ late re-delivery, it was decided that they were not entitled to that lost profit. Owners may well be asking whether there is really a material difference between these two situations. The answer is “yes”.