484. ST Shipping & Transport Inc v Kriti Filoxenia Shipping Co. SA (the “Kriti Filoxenia”) [2015] EWHC 997 (Comm)

Election to vary loading port nullifying laycan provision

The Facts

The vessel was let on a BEEPEEVOY 3 form to load at 1 / 2 safe port(s) Black Sea excluding Bulgaria, Romania and Turkey.

The charterparty contained a laycan spread of 3 days and liberty to charterers to vary the load or discharge port after nomination.

Tuapse was nominated as the load port with an ETA coinciding with the final day of the laycan period.

The vessel sailed from the previous discharging port, Santa Panagia, with 4 days to reach Tuapse. On the following day, charterers requested an ETA for another Black Sea port, Batumi. The ETA given by the vessel fell 1 day outside the laycan.

Charterers exercised their right to vary the load port to Batumi and then promptly cancelled because the ETA given for Batumi fell outside the laycan period.

Owners claimed damages for repudiation.

Findings

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