August 28, 2025
Brimnes, the Tenax Steamship Co v Brimnes, Owners of [1974] EWCA Civ 15 (23 May 1974)
Facts The appellants (the shipowners, Tenax Steamship Co) chartered their vessel, ‘The Brimnes’, to the respondents (the charterers) under a time charterparty. The agreement required the charterers to pay hire in advance. The charterers were persistently late with their payments. A clause in the charterparty entitled the shipowners to withdraw the vessel from service ‘in default of payment’. Frustrated by another late payment, the shipowners instructed their bank to refuse the payment if it arrived and sent a notice of withdrawal by Telex to the charterers. The Telex message was sent and printed on the charterers’ machine in London at
