BERNHARD SCHULTE SHIPMANAGEMENT (BERMUDA) LTD PARTNERSHIP V BP SHIPPING LTD

[2009] EWHC 111 (Comm), Commercial Court, The Hon Mr Justice Blair, 29 January 2009

Contract – Construction of terms – Termination payment on termination of crew management contract – Evidence of negotiations - Construction on the termination provisions in a crew management agreement

The claimant ship management company and the defendant (a subsidiary of the BP oil and gas group) had over a period of 12 years entered into (and amended) six crew management agreements, the construction of which was at issue in this case. The question was whether on termination, on a true construction of the contract, the claimant was entitled to half of the annual or half of the monthly payment.