Hyundai Merchant Marine Co Ltd v Trafigura Beheer BV (The “Gaz Energy”) – QBD (Com Ct)(Flaux J) – 29 November 2011

Charterparty – Speed and consumption warranty – Whether charterparty contained an all weather warranty or a weather warranty applying only in weather conditions up to a maximum of Force 4 on Beaufort Scale

By a time charter dated 21 November 2005 on an amended Shelltime 3 form with additional clauses and with Gas Form C, the defendant owners chartered the vessel Gaz Energy to head charterers for a period of 18 months. By a further time charter also dated 21 November 2005 again on an amended Shelltime 3 form with various additional clauses and with Gas Form C, on materially identical terms to the head charter save for hire, the head charterers sub-let the vessel to the claimant sub-charterers (“the charterers”).