Bouygues Offshore S.A. -v- Caspian Shipping Co. And Others (Nos. 1, 3, 4 And 5)

Richard Southern QC

[1998] 2 Lloyd’s Rep. 461; [1997] 2 Lloyd’s Rep. 493; [1997] 2 Lloyd’s Rep. 533

Richard Southern – Towage – Jurisdiction clause – Construction – Contract for towage of barge – Disputes to be referred to the High Court in London – Barge grounded after towline parted – Barge-owners brought action in South Africa – Whether barge-owners in breach of towage contract.

Admiralty practice – Towage contract – Injunction – Jurisdiction clause – Disputes to be referred to the High Court in London – Barge grounded after towline parted – Barge-owners brought proceedings in South Africa – Whether barge-owners in breach of jurisdiction clause – Whether injunction should be granted to restrain barge-owners from continuing such proceedings.

Admiralty practice – Third party notices – Application to set aside – Loss of barge under tow – Owners of barge claimed damages – Owners and time charterers of tug served third party notices on port authority – Whether port authority a proper and necessary party to proceedings – Whether orders granting leave to serve third party notices should be set aside.

Admiralty practice – Anti-suit injunction – Application to discharge – Loss of barge under tow – Owners of barge claimed damages – Injunction obtained restraining pursuit of proceedings in South Africa – Whether significant change in circumstances – Whether injunction should be discharged – Whether plaintiffs’ claim should be stayed – Whether application to strike out counterclaim should be granted.

Admiralty practice – Limitation of liability – Stay of action – Misrepresentation – Establishment of liability – Loss of barge under tow – Owners of barge claimed damages – Barge owners alleged misrepresentation in Towcon contract – Whether limitation action could be commenced without liability first being admitted or established – Whether right to limit in respect of misrepresentation claims – Whether limitation actions should be stayed until liability determined

Date added: July 24th, 1998


Area of Expertise

Admiralty