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
