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Gard News 194, May/July 2009

English law – The ELLI and the FRIXOS – Court of Appeal decision is final


Articles in Gard News issues No. 1881 and 1912 reported on the Commercial Court and Court of Appeal decisions in the ELLI and the FRIXOS.3 The two matters decided on were:

1. whether a charterparty provisions stating that the vessel shall be “in every way fit” to carry lawfully permitted cargoes meant that the vessel had to be legally fit as well as physically fit, to which the answer was “yes”, and;

2. whether the owner had been in breach of his obligation with regard to due diligence in order to restore the vessel to a condition required by the terms of the charterparty, to which the answer was also “yes”.

Readers will be interested to know that leave to appeal to the House of Lords has been refused so that the Court of Appeal’s decision is final.

1  See article “English law – Due diligence to maintain a vessel’s condition”.
2 See article ”English law – The ELLI and the FRIXOS on appeal”.
3 Golden Fleet Maritime Inc and another v. St Shipping [2008] EWCA Civ 584.




Gard News 194, May/July 2009

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Gard News is published quarterly by Gard AS, Arendal, Norway.