P v. A and Another – QBD (Comm. Ct.), 20 Jun 2008

AMERICANIZED WELSH COAL — CONTRACT OF AFFREIGHTMENT — LATE NOMINATION OF LAYDAYS — REPUDIATORY BREACH — Owner Award

On the 5th lifting under a contract of affreightment (COA) covering six voyages, the Charterer nominated the layday spread but was subsequently unable to secure a cargo, and asked Owner to move the laydays back two weeks. Due to a rising freight market, Owner was unwilling to do so, but offered to simply cancel voyage #5 and lift the cargo as the last voyage under the fixture. At issue is whether the laydays were irrevocable even though Owner had not yet nominated a Vessel.