438. Geden Operations Ltd v Dry Bulk Handy Holdings Inc. (M/V”Bulk Uruguay”) [2014] EWHC 885 (Comm)

Anticipatory breach – NYPE time charter – owners subject to potential incapacity to honour obligation to allow vessel into pirate waters (Gulf of Aden) – held not to amount to repudiation.

 The Facts

The charter allowed the vessel to transit the GOA without the owners’ consent.

Owners were not free to honour this obligation, however, because their charter with head owners required consent.

 Findings

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