The Falkonera (Court of Appeal)
By David Allen QC and N G Casey
On 5 June 2014, the Court of Appeal dismissed the appeal of the owners of Falkonera, a very large crude carrier (VLCC) against the judgment of Mr Justice Eder. David Allen QC and N G Casey of 7 King’s Bench Walk acted for the successful respondent charterers.
Charterers had chartered Falkonera on amended BPVOY4 terms. Under that charterparty, they had the right to order the vessel to perform ship-to-ship (STS) transfers, subject to the owners’ corresponding right to approve the other vessel nominated to perform the transfer. The owners’ approval was ‘not to be unreasonably withheld’. In the course of the fixture, charterers had asked owners to approve two VLCCs for STS transfers with Falkonera. The owners refused approval; and the charterers had to effect an alternative discharge plan…
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