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Captured in Time | Case by Case


13 July 2023

Case by Case – episode 70: Captured in Time

We are back this week with an interesting shipping case. Just as we become podcaster septuagenarians.

I could open this with a profound question like, “what is the meaning of time?”

But this is a more concrete question about whether breach of a vessel hull cleaning clause was intended to create a debt claim for hire post-charter or damages claim.

Case by Case – episode 70: Captured in Time

With apologies for missing last Thursday’s slot (honestly, we were simply flat out), we are back this week with an interesting shipping case. Just as we become podcaster septuagenarians.

I could open this with a profound question like, “what is the meaning of time?”

But this is a more concrete question about whether breach of a vessel hull cleaning clause was intended to create a debt claim for hire post-charter or damages claim.

Not as a clear cut as you may expect. Highly dependent on the language of the contractual clause. Yes, we do need to consider what does “time” mean in this clause, as well as words, “always” and “first workable opportunity”.

We take some time in this episode to explain how to interpret a contractual clause. What are the principles by which you should look at a clause and seek to understand it?

If you like contract law, we encourage you to listen in. And if you enjoy this pod, there’s plenty more where that came from. You can subscribe/follow our channels at the links below. We’d be delighted if you do.

Cheers,
Calum and Luke

Podcasts
Luke Zadkovich , Calum Cheyne

Insight

Ep. 91 Barging Back for Another Crack – Res judicata and The Stema Barge II, with Jakob Reckhenrich |

13th June 2025

Calum Cheyne, Luke Zadkovich
Too Late, Shipmate! – Hague/Hague Visby Time Bars and Misdelivery Claims with Matthew Harvey |

22nd May 2025

Luke Zadkovich
Rule B over foreign banks unpacked with Philip Vagin (Ultra Deep Picasso v. Dynamic) |

25th April 2025

Calum Cheyne, Luke Zadkovich, Philip Vagin
Hedging your bets with Rufus Constable |

5th December 2024

Calum Cheyne, Luke Zadkovich, Rufus Constable
Hold on to our (arbitral) seats |

21st November 2024

Let the force majeure be with principle |

18th July 2024

The narrow and mitigating appeal of arbitrations with James M. Turner KC | Case by Case (Ep. 84) |

5th July 2024

Polar Explorers 2 (unrelated) | Case by Case (Ep. 83) |

16th May 2024

Calum Cheyne, Luke Zadkovich
Polar Explorers | Case by Case (Ep. 82) |

9th May 2024

Luke Zadkovich
Jury Equity | Case by Case (Ep. 81) |

2nd May 2024

Calum Cheyne, Luke Zadkovich
Don’t Change the Subject… | Case by Case (Ep. 80) |

11th April 2024

Karen Tsang, Calum Cheyne
Ever Given – Salvaging a Contract, Part II | Case by Case (Ep. 79) |

4th April 2024

Luke Zadkovich, Calum Cheyne
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