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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

25/01/2023

High Court judgment concerning ‘anti-deduction’ clauses in time charters

Yesterday, Henshaw J handed down judgment in Fastfreight v Bulk Trident [2023] EWHC 105 (Comm), an appeal under s.69 of the Arbitration Act 1996 concerning the proper construction of an ‘anti-deduction’ clause under a time charter.

The appeal lay against the decision of an arbitral tribunal to make an award of hire in favour of the respondent shipowner on the ‘Kostas Melas’ basis. The Tribunal held that, by reason of an anti-deduction clause in the charterparty, the charterers were obliged to pay hire upfront irrespective of whether the Vessel might ultimately prove to have been off-hire. On appeal, Henshaw J upheld the Tribunal’s decision, holding that the effect of the clause in question was to require Owners to pay hire even if, by reason of the NYPE standard form off-hire clause, as interpreted by Bingham J in The Lutetian [1982] Lloyd’s Rep 140, the obligation to pay hire had otherwise ceased at a given instalment date.

The case is likely to be of interest to shipping practitioners and provides clarity as to the breadth of such (increasingly common) clauses, and their application to allegations of off-hire.

Patrick Dunn-Walsh appeared for the appellant charterer (instructed by MFB Solicitors) and Henry Byam-Cook KC appeared for the respondent shipowner (instructed by HFW).

Read the judgment.

Relevant members
Patrick Dunn-Walsh Henry Byam-Cook KC
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