Telfair Shipping Corporation v. Athos Shipping Co. (The Athos) - Court of Appeal (Stephenson, Kerr & Purchas L.JJ.) - 18 November 1982

NYPE form - Whether owners can withdraw vessel for “any breach” of the charterparty

The Court of Appeal has dismissed the owners’ appeal from the decision of Neill J. (see [1981] 2 Lloyd’s Rep. 74). The Court of Appeal’s judgment is of considerable interest in the light of its obiter discussion of the meaning of clause 5 of the NYPE charterparty. This clause provided: