July, 2015 - Is Payment of Hire a Condition?


In a 2013 judgment Mr. Justice Flaux suggested that a failure to make punctual payment of hire could be breach of a condition (Kuwait Rocks Co v AMN Bulkcarriers Inc. [2013] EWHC 865 (Comm.) (the “ASTRA”)). That case created a great deal of debate as the judge’s comments seemed to be contrary to the generally held view that the obligation to pay hire punctually under a time charter was to be considered as an innominate term.