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This judgment highlights the risks faced with giving an unqualified speed and consumption warranty on a continuing basis under a time charter. It also goes to show that well-known legal practitioners’ works should not simply be relied on without first checking the substance of the proposition to be used in support.
It has since became become frequent practice to include in time charterparties a marine fouling provision that operates to provide the owner with a defence and, often, to create an obligation on the charterer to clean the hull, or to pay liquidated damages for not doing so, before redelivery, whether or not there is a continuing warranty.
Footnote 1: [1994] 2 Lloyd’s Rep 227 (CA)
Footnote 2 [2002] 2 Lloyd’s Rep 681
