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Where Charterers admitted there had been a default event under the bareboat charterparties, the High Court held that (a) Owners were entitled to terminate the charters, (b) Owners had the right to repossess the vessels under clause 46, (c) that right was not an unenforceable penalty under clauses 28, 29 and/or 46, and (d) Charterers were not entitled to equitable relief against the forfeiture of the vessels.
Note: This decision has been affirmed on appeal. For the note on the Court of Appeal decision, click ''here'' [[https://www.onlinedmc.co.uk/index.php/OCM_Maritime_Nile_LLC_&_Anor_v_Courage_Shipping_Co_&_Ors_-_The_Courage_&_The_Amethyst]]
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
