Fercometal SARL v. Mediterranean Shipping Co. S.A. (The Simona) - Court of Appeal (Sir Nicolas Browne-Wilkinson V.-C., Parker and Ralph Gibson L.JJ.) - 22 May 1987

Whether option to cancel charterparty exercisable by charterers after their anticipatory breach of charter

The charterers had the option, under a Gencon charterparty, to cancel the contract if the vessel were not ready to load on or before 3_9 July 1982. The option had to be declared at least 48 hours before arriving at the loading port. On 2 July the charterers cancelled the charter. It was common ground that that constituted a repudiation of the charter by anticipatory breach. The repudiation was not accepted by the owners. The vessel arrived at the load port and gave notice of readiness pm 8 July. On 12 July the charterers again cancelled the charter. The vessel was not ready to load until after 12 July.