Commodities in Focus Weekly - Pleon Limited v Leonis Yachting Limited (“The Maltese Falcon”) [2025] EWHC 3144 (Comm)
BACKGROUND
The Maltese Falcon (the “Yacht”) was sold by the Claimant, Pleon Limited (the “Seller”), to the Defendant, Leonis Yachting Limited, (the “Buyer”), by way of a Memorandum of Agreement (the “Agreement for Sale”) on an amended Mediterranean Yacht Brokers Association form with Addenda. Delivery under the Agreement for Sale was to take place on 7 April 2022 and, by an “Agreement for Access” annexed to the Third Addendum to the Agreement for Sale, the Buyer agreed that, having purchased and taken delivery of the Yacht, it would grant the Seller access to the Yacht between 20 April 2022 and 20 June 2022. No hire was to be charged for this use and access.
While under sail during the Seller’s use and access, the starboard generator of the Yacht suffered a breakdown which immobilised the Yacht and cut short the use and access period from and including 9 May 2022.
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