Payment of hire under a time charter is not a condition – the debate is laid to rest.

As you will be aware, there has been much uncertainty about whether the obligation to pay hire under a time charterparty is a condition.  Flaux J in The Astra [2013] 2 All ER (Comm) 689, said it was.  Subsequently, Popplewell J in Spar Shipping [2015] EWHC 718 (Comm) declined to follow Flaux J and concluded that it was not.  Spar Shipping was appealed and last week in a landmark judgment the Court of Appeal upheld Popplewell J.

 For more information, please contact Nick Burgess, Partner at BDM Law LLP

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