ASSOCIATED BRITISH PORTS v FERRYWAYS NV AND ANOTHER
[2008] Lloyd's Rep. Plus 64
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Field
Contract – Port handling charges – Agreement between
port operator and ro-ro ferry operator for handling
“Units” at port of Ipswich – Clause providing for minimum annual throughput of
“Units” – Meaning of term “Unit” – Whether clause a penalty – Measure of
damages recoverable for ferry operator’s repudiatory breach – Third party
agreeing with port operator to assume full responsibility for ensuring ferry
operator’s performance – Whether guarantee or indemnity – Whether guarantee
rendered unenforceable.