The Divinegate [2022]


The Divinegate [2022] EWHC 2095 (Comm) established whether or not performance speed may be adjusted for the effects of current factors. The Court determined that a vessel’s actual performance in good weather should be applied to the assessment calculations. The Court ruled that the effects of current factors may not be used to adjust a vessel’s good weather performance unless the Charter Party agreement stipulates otherwise. The Court further determined that Charter Party terms such as “no adverse current” shall apply to the selection of good weather periods, not to the method applied for the good weather performance speed calculation.