The traditional manner in which a charterer seeks to establish a breach of a speed and performance warranty is to assess the vessel’s performance in good weather as defined in the charterparty, excluding any period of slow steaming at the request of the charterer. If analysis of the vessel’s performance in good weather establishes a breach then the extent of the shortfall in performance should be applied to all voyages in all weather conditions but excluding any period of slow steaming at the request of the charterer: see Didymi Corporation v Atlantic Lines and Navigation Co Inc (The Didymi) [1988] 2 Lloyd’s Rep 108 at page 117 per Bingham LJ and Exmar NV v BP Shipping Ltd (The Gas Enterprise) [1993] 2 Lloyd’s Rep 352 at page 366 per Lloyd LJ.
– Teare J, 2015