As discussed in our December 2017 articles under “Freight, hire and happenstance - a decade of change?” [The article can be foundhere] following the “GOLDEN VICTORY” ([2007] UKHL 12) progressively more defendants have tried to argue that later events matter, and the courts increasingly listen. Although a decision that has fallen under the radar, having been lost in the discussions concerning the “NEW FLAMENCO” [The article can be foundhere], London Arbitration 3/18 [(2018) 995 LMLN 1] offers, alongside a novel point on charterparty time bar, a reminder that the assessment of damages remains consistently problematic.LMLN 1] offers, alongside a novel point on charterparty time bar, a reminder that the assessment of damages remains consistently problematic.

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