In what circumstances will a party to a contract lose a right to rescind for misrepresentation, or will a Court exercise its discretion to refuse rescission? 

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SK Shipping Europe PLC v (3) capital VLCC 3 Corp (5) Capital Maritime and Trading Corp [2020] EWHC 3448 (Comm)

Approximately 8 months into a 2 year time-charter for the vessel C Challenger, the charterer purported to rescind/terminate it on account of alleged fraudulent misrepresentations and repudiatory breaches of the charter relating to the Vessel’s consumption capabilities. Judgment has just been handed down by the Commercial Court after a 10-day trial of the ensuing dispute. Chris Smith KC was instructed by Fanos Theophani, and the associates Harriet Thornton and Hayley Flood at Preston Turnbull LLP.