WNI Official
Performance Auditing
English Case Law Precedents
The common law system works on a system of precedents by which the decisions of higher courts bind all the lower courts. Arbitration tribunals are positioned at the bottom of the hierarchy, which means that arbitrators have to apply the principles of the decisions taken in higher courts of English Law.
Didymi, Lloyd’s Rep 166 (1987 Court of Appeal)
Ship Performance is determined based on Good Weather Analysis. Time lost and over-consumption calculations are extrapolated and applied to all weather conditions.
Gas Enterprise, LMLN 357 (1993 Court of Appeal)
Whether or not the owners are in breach is determined by the average speed during the good weather periods.
Lipa, LMLN 556 (2001 Commercial Court (QBD))
“Without guarantee”/WOG disallows speed and consumption claims.
Gaz Energy, LMLN 852 (2012 Commercial Court (QBD))
A minus 5% should be adopted in bunker saving calculation.
Ocean Virgo, LMLN 940（2015 Commercial Court (QBD))
A good weather day does not have to be 24 consecutive hours running from noon to noon.
Divinegate, EWHC 2095（2022 Commercial Court (QBD))
Vessel performance speed may not be adjusted for the effects of current factors unless otherwise stipulated by the governing Charter Party agreement.
WNI Official Performance Auditing
