“…Bwllfa was followed, and Phillips cited, in Golden Strait Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12, [2007] 2 AC 353 (“The Golden Victory”). That case concerned a seven-year charterparty dated 10 July 1998 which, by clause 33, gave both parties the right to c…”
“…duction when assessing damages in order to reflect his view of the likelihood of those events occurring: cp. Golden Strait Corpnv Nippon Yusen Kubishika Kaisha [2007] UKHL 12, [2007] 2 AC 353. In our judgment, the assessment which the judge made, having heard all of the evidence and submissions, was one which was open to him.…”
“…n, this principle has been restated and applied many times. It is sufficient at this stage to cite two recent cases at the highest level. In The Golden Victory [2007] UKHL 12, [2007] 2 AC 353 the issue was whether, in assessing damages for anticipatory breach of a long-term charter party, it was necessary to take account of the fact…”