Don’t Change the Subject… | Case by Case (Ep. 80)

On this week’s episode join Calum Cheyne and Karen Tsang where they discuss The Aquafreedom [2024] EWHC 255 (Comm) case and whether agreements on “subjects” or “subs” give rise to binding contracts.

Another subjects case in the charterparty context, following hot on the heels of the Leonidas and the Newcastle Express. Something that we love to discuss on Case by Case.The “subject” of today’s episode is The Aquafreedom [2024] EWHC 255 (Comm) and whether agreements on “subjects” or “subs” give rise to binding contracts.

The Claimant (“the Owners”) in these proceedings is the owner of the vessel Aquafreedom (“the Vessel”). The Defendant (“Trafigura”) contends that it was the charterer of that vessel. Both claim and counterclaim in these proceedings concern whether a 4 year time charterparty was concluded between the parties during negotiations in late January and early February 2023. The Owners contend that there is no real prospect of Trafigura resisting their claim for a declaration that no binding charterparty was concluded. Trafigura’s case is that there is a real prospect of showing that a binding charterparty was concluded either on 30 January 2023, or 6 February 2023.

To read the full case – click here