2,051
edits
Changes
From DMC
no edit summary
As a result, Owners claimed that events of default had arisen under the CPs, whereby they were entitled to terminate them and to repossess the vessels. Owners obtained declarations from the High Court that the CPs had been lawfully terminated and that they were entitled to possession of the vessels. The High Court also dismissed Charterers’ counterclaim for relief from forfeiture.
On appeal, Charterers contended that, on the proper construction of the CPs, Owners were not entitled to possession (“Construction Issue”), and they were entitled to relief from forfeiture, by restoration of the CPs or restitution in respect of the payments made to Owners thereunder (“Forfeiture Relief Issue”). The fuller facts can be found in the note on the High Court judgment here [[https://www.onlinedmc.co.uk/index.php/title=OCM_Maritime_Nile_LLC_%26_Anor_v_Courage_Shipping_Co_%26_Ors_-_The_Courage_%26_The_Amethyst&action=edit]].
'''Judgment'''
