This article focuses on one of the key Court of Appeal cases of 2019: Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd (The “Arctic”)  [2019] EWCA Civ 1161. Stephenson Harwood acted for the successful appellant, Ark Shipping. 

This judgment is of particular significance as it clearly sets out the factors that the English court will take in to account if it is asked to determine whether a particular term in a contract should be treated as a condition, the breach of which entitles the innocent (non-defaulting) party to lawfully terminate the contract.

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