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DMC/SandT/2021/18 '''England'''
'''K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”)'''
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1712.html
'''CONTRACT OF AFFREIGHTMENT: CHARTERERS IN BREACH OF OBLIGATION TO DISCHARGE VESSEL WITHIN LAYTIME AND LIABLE TO PAY DEMURRAGE: CHARTERERS NOT IN BREACH OF ANY OTHER OBLIGATION –“SOLE BREACH”: DELAY LED TO CLAIM BY RECEIVERS AGAINST OWNERS FOR CARGO DETERIORATION: WHETHER OWNERS ENTITLED TO RECOVER SUM PAID TO SETTLE CARGO CLAIM AS DAMAGES OR UNDER IMPLIED INDEMNITY AGAINST CHARTERERS: WHETHER DEMURRAGE PAID BY CHARTERERS THE EXCLUSIVE REMEDY FOR CONSEQUENCES OF BREACH: DETERMINATION OF PRELIMINARY QUESTION OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996'''
Case note contributed by Jim Leighton, LLM (Maritime Law), LLB (Hons), BSc (Hons), Solicitor Advocate of England & Wales, Mediator, LMAA Supporting Member and International Contributor to DMC’s Case Notes
'''Background'''
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The fuller facts and background to the case can be found in the background section of the High Court case note, which can be found here[[https://www.onlinedmc.co.uk/index.php/K_Line_Pte_Ltd_v_Priminds_Shipping_(HK)_Co_Ltd_-_The_Eternal_Bliss]]
'''Judgment'''