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Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership –v- BP Shipping Ltd

29th Jan 2009

[2009] 1 All ER (Comm) 601

Dominic Kendrick QC – Shipping – Crew – Crew management agreement – Parties entering into crew management agreements on ‘lump sum’ basis – Claimant to receive half of monthly lump sum on termination of agreement by defendant – Parties amending agreements to be on ‘costs plus fees’ basis – Claimant to receive annual fees in 12 monthly instalments – Termination provisions amended so that reference to monthly lump sum deemed to be reference to fees – Whether on termination claimant entitled to half of annual fees or half of monthly instalment.