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ARTICLE · 19 MAY 2005

Stop! That’s No Way For A Lady To Perform

Barlow Lyde & Gilbert LLP
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In LauritzenCool v Lady Navigation Inc - the Commercial Court considered whether an injunction preventing Owners from employing their vessel other than in accordance with a particular charterparty was tantamount to an order for specific performance.

United KingdomTransport
Carlo Sammarco
Carlo Sammarco

In LauritzenCool v Lady Navigation Inc - the Commercial Court considered whether an injunction preventing Owners from employing their vessel other than in accordance with a particular charterparty was tantamount to an order for specific performance.

In November of last year, in LauritzenCool AB v Lady Navigation Inc [2004] All ER (D) 225 (Nov), Cooke J in the Commercial Court had to consider whether an injunction restraining Lady Navigation ("Owners") from, (1) taking any steps preventing the performance of Time charters entered into with LauritzenCool ("Charterers"); (2) employing the chartered vessels in a manner inconsistent with such charters; or (3) fixing the vessels with a third party within the period of the charters, was tantamount to an order for specific performance which, according to trite law, was not an available remedy.

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