OCEAN CLAP SHIPPING LTD V GLOBAL OFFSHORE SERVICES BV AND ANOTHER; MT KAILASH SARL V GLOBAL OFFSHORE SERVICES BV AND ANOTHER

[2025] EWHC 1591 (Comm), Commercial Court (KBD), Mr Justice Butcher, 26 June 2025

Contracts – Contract by conduct – Finance bareboat chartering arrangement – Bareboat charterer asserting agreement by conduct by which it instead became a technical manager – Waiver - Estoppel

GOSBV ("Charterers") had in 2014 entered into a complex financing arrangement whereby it sold the two vessels Ben Nevis and Kailash to new disponent owners OCSL and MTK (together "Owners") and instead became bareboat charterers for a term of 72 months with termination sum and repurchase price agreed.