Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd and another [2012] EWCA Civ 265, [2012] All ER (D) 83 (Mar)
Court of Appeal, Civil Division, Rix, Tomlinson LJJ, Sir Mark Waller, 9 Mar 2012
A contract of guarantee can be enforceable where it is contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.
Timothy Young QC and Daniel Bovensiepen (instructed by Ince & Co LLP) for the claimant. Dominic Kendrick QC and Peter Macdonald-Eggers QC (instructed by MFB Solicitors) for the first defendant. Charles Kimmins QC and Luke Pearce (instructed by Bentley, Stokes & Lowless Solicitors) for the second defendant.
The first defendant company (SMI) was based in Goa. It had a chartering arm in the UK, T Ltd. The claimant shipping company claimed that T Ltd had repudiated a ten-year charterparty dated 2 February 2008, T Ltd had been nominated by SMI as charterers and the charter was guaranteed by SMI.
The claimant claimed to have suffered losses of around US$54m by reason of that
