Admiralty

NatWest Markets plc v Stallion Eight Shipping Co. S.A. [2018] EWHC 2033 (Admlty) In a decision that will be of interest to all shipping and admiralty lawyers, Robert Bright Q.C., Charles Holroyd and Marcus Mander instructed by Watson Farley Williams, have successfully defended an application by a vessel owner to have its vessel released from […]

Surprisingly little law exists on the question whether a pre-action offer made by a prospective defendant is capable of acceptance by a prospective claimant after a relevant time limitation period has intervened. On 27 November 2015 Mr Justice Males, sitting in the Admiralty Court, handed down a judgment which touches upon that question, albeit in […]

Admiralty practitioners and other dedicated readers of the Lloyd’s Law Reports will be aware of a spree of recent decisions of the Admiralty Court concerning the 2-year time limitation period prescribed by section 190, Merchant Shipping Act 1995 for the commencement of collision actions. Those cases are: CDE SA v Sure Wind Marine Ltd (The […]

Sandra Healy acted for a mortgagee in ship mortgage enforcement proceedings.  Following the arrest of four mortgaged vessels, the mortgagee was granted orders for the sale of the vessels pendente lite and Teare J gave judgment addressing the principles applicable in circumstances where an in rem claimant seeks an order for the sale of a […]

[2010] EWHC 3180 Timohty Brenton QC – collision in dense fog.

LOF arbitration concerning the salvage of the specialist vessel “ROCKNES”

[2010] 1 Lloyds Rep 468 Timohty Brenton Q.C. – Salvage. Appeal to High Court arising out of second highest ever award under LOF. Salvage — Remuneration — Assessment of award — Principle of encouragement — Whether tribunal entitled to take into account possibility that salvors might experience difficult economic conditions in future — Whether permissible […]

[2008] 3 WLR 1401 David Edwards Q.C. and Michael Holmes acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors. Jessica Sutherland also acted for the Law Society in an advisory capacity. Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of […]

[2009] 1 All ER (Comm) 1067; [2008] 2 Lloyds Rep 516 Timothy Brenton Q.C acted in this Salvage mater, involving the relevance of commercial rates when assessing salvage remuneration. Salvage – Remuneration – Assessment of award – “Disparity principle” – Whether principle that salvage awards in straightforward towage cases should be influenced by commercial rates […]

[2007] 1 Lloyd’s Rep. 391; [2005] 2 Lloyd’s Rep. 257; [2007] 1 All ER (Comm) 794; [2005] 2 All ER (Comm) 240 Timothy Brenton Q.C. and David Bailey – This matter arose out of a collision between a vessel and a jetty in Italy. At the interlocutory stage the matter went to the House of […]

[2005] Lloyds Rep 91; [2005] 1 All ER (Comm) 99 Timothy Brenton Q.C. – Salvage. Effect of fault on part of salvor. Article 18 of the Salvage Convention. Salvage – Remuneration – Assessment of award – Tug and tow – Jack up rig – Tow imperilled by severe weather conditions – Tugs providing services to […]

[2004] 2 Lloyd’s Rep. 469 Rebecca Sabben-Clare – Admiralty practice – Limitation of liability – Collision in River Seine – Time-charterers of colliding vessel bringing action against owners of vessel – Vessel owners bringing limitation action and constituting limitation fund – Preliminary issue as to whether time-charterers’ claims subject to limitation – Limitation Convention, 1976.

[2003] 2 Lloyds Rep. 188 Timothy Brenton Q.C. was involved in this action – collision involving vessels in crowded anchorage. Collision – Vessels at anchor – Apportionment of liability – Collision in Fujairah “B” anchorage – Allegations of fault – Whether claimants’ or defendants’ vessel 100 per cent. liable for collision – Apportionment of liability […]

[2003] 2 Lloyd’s Rep. 107 Alistair Schaff QC – Carriage by sea – Letter of undertaking – Competent Court – Meaning – Cargo damage claims – Letter of undertaking given by P & I Club – Club alleged English Admiralty Court not a competent Court to entertain action in rem -Whether LOU obliged club to […]

[2002] 2 Loyds Rep. 535 Timothy Brenton Q.C. – Unseaworthiness – Due diligence – Grounding – Chart discrepancy – Whether cause of grounding navigational error – Whether vessel unseaworthy – Whether defendants exercised due diligence – Discrepancy in Chilean charts – Whether claimants could recover salvage remuneration and return of general average security.

[2001] 2 Lloyd’s Rep. 419; [2000] 1 Lloyd’s Rep. 282; [2001] 2 All ER (Comm) 805 Timothy Brenton Q.C. acted in this matter concerning a collision involving crossing vessels. Collision – Crossing vessels – Liability for collision – Collision in East China sea – Actions of stand-off and give-way vessels – Faults in navigation – […]

[2001] 2 Lloyd’s Rep 403; [1999] 2 Lloyd’s Rep. 11 Dominic Kendrick Q.C and Simon Kerr – This is an appeal against a judgment of David Steel J., sitting in the Admiralty Court, in two consolidated actions in rem. The judgment awarded the respondents, ‘MSC’, sums in excess of $6million, inclusive of interest and costs, […]

[2001] 1 All ER 450, [2000] 1 Lloyd’s Rep. 359, [2000] 1 WLR 2068, [2000] 1 All ER (Comm) 847 Charles Holroyd – Admiralty practice – Maritime claims – Priority – Vessel in collision with three yachts – Owners of one of the yachts obtained security for damages claim – Other owners claimed damages – […]

[2000] ICR 354 Timothy Saloman Q.C. – Dispute as to whether maritime lien is extinguished by voluntary payment.

[1999] 2 Lloyd’s Rep. 281 David Bailey acted for Plaintiffs – Admiralty practice – arrest of vessel – unseaworthiness – jurisdiction Admiralty practice – Arrest – Jurisdiction – Article 5(1) – Bill of lading cargo claim – Allegation of wetting damage to cargo of steel coils – Vessel arrested in England in October, 1998 and […]

[1999] 2 Lloyds Rep 401; [1999] 2 All ER (Comm) 161 – (Court of Appeal) Timothy Brenton Q.C. – Admiralty practice – Maritime lien – Priority – Crew’s wages – Mortgage of ship – Crew employed by national seamen’s agency and part of wages paid to agency – Bank mortgagee obtained judgment against shipowner and […]

[1999] 1 Lloyds Rep 643 Timothy Brenton Q.C. acted in this dispute – collision off the Mississippi Delta involving crossing vessels. Collision – Liability – Crossing vessels – Collision in approaches to South West Pass of Mississippi river – Relative approaches of vessels – Questions of fault – Apportionment of liability

[1999] 1 Lloyd’s Rep. 43 Alistair Schaff – Admiralty practice – Arrest – Security – French law of arrest – Vessel on demise charter – Repairs to vessel carried out by defendant yard – Charter cancelled for non-payment of hire – Charterers called in receivers – Yard arrested vessel in France – Whether owners liable […]

[1998] 1 Lloyd’s Rep. 13 Rebecca Sabben-Clare – Admiralty practice – Limitation fund – Stay of action – Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine – Action brought in France – Plaintiffs purported to constitute limitation fund in England – Whether English action should be stayed – Civil Jurisdiction and […]

[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 – […]

[1998] 2 Lloyd’s Rep 410; [1998] 2 Lloyd’s Rep 425 Timothy Saloman Q.C. acted in principles for assessing compensation for loss of or damage to goods; Court’s approach to delay; discount rate of interest rather than period

[1998] 1 Lloyds Rep.16 Timothy Brenton acted in this dispute collision arising out of an engine breakdown whilst caught in the middle of Hurricane Andrew, Gulf of Mexico. Collision – Passing vessels – Negligent navigation – Collision in Gulf of Mexico – Hurricane conditions – Engine breakdown – Whether negligence in maintenance of luboil system […]

[1997] 1 W.L.R. 528 Richard Southern acted for the defendant in the Privy Council; banking, ship mortgage, mortgagee’s bank’s power of sale Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of ship – Non-financial default by mortgagor – No money due under loan agreement – Mortgagees not accelerating repayment – […]

[1997] 1 Lloyd’s Rep. 449 Stephen Phillips acted in this sale of ship dispute – Whether sham transaction – Jurisdiction of Admiralty Court – Authority of company directors – Issue estoppel and res judicata – Standard of proof of criminal allegations in civil case. Sale of ship – Validity – Beneficial owner – Sale of […]

[1995] 1 Lloyd’s Rep. 11; [1994] 1 Lloyd’s Rep. 287 Dominic Kendrick acted in this Court of Appeal Admiralty practice – Action in rem – Arrest of vessel – Jurisdiction – Damage to cargo – Defendants domiciled in Contracting State – Præcipe for caveat against arrest issued – Vessel arrested but released immediately – Bail […]

[1994] 2 Lloyd’s Rep. 6; [1993] 1 Lloyd’s Rep. 424; [1994] 3 All ER 180 Dominic Kendrick – Admiralty practice – Application to set aside – Jurisdiction – Carriage of goods by sea – Cargo contaminated – English and Dutch proceedings brought – Whether English Court first seised of proceedings – Whether English and Dutch […]

[1993] 1 Lloyd’s Rep. 41 Dominic Kendrick – Admiralty practice – Bail – Arrest of vessel – Shipowners domiciled in one of Contracting States of EC voluntarily gave bail to avoid arrest – Whether Admiralty Court deprived of jurisdiction to hear plaintiffs’ claim – Whether defendants submitted voluntarily to jurisdiction – Whether arrest valid

[1991] 2 Lloyd’s Rep. 221; [1990] 2 Lloyd’s Rep. 7 Jonathan Gaisman – Admiralty practice – Writ – Validity of extension

[1991] 2 Lloyd’s Rep. 55 Timothy Brenton – Admiralty practice – General average – Collision gave rise to general average expenditure – Plaintiffs’ contribution to general average assessed – Plaintiffs alleged vessel not manned by competent crew – Carriers counterclaimed general average contribution -Whether plaintiffs should have leave to defend counterclaim – Whether carriers entitled […]

[1991] 1 Lloyd’s Rep. 389 Timothy Brenton – Admiralty practice – Summary judgment – Application for interim payments – Bill of lading incorporated Hague-Visby Rules – Vessel capsized – Cargo lost – Whether vessel unseaworthy – Whether plaintiffs entitled to summary judgment – Whether application for interim payments should be granted.

[1991] 1 Lloyd’s Rep. 330; [1990] 1 Lloyd’s Rep. 408 Timothy Brenton – Admiralty practice – Action in rem – Maritime lien – Shipowners ceased trading – Crew claimed severance pay and wages in lieu of notice – Vessel ordered to be sold pendente lite in earlier mortgagees’ action – Whether claim for severance pay […]

[1991] 1 Lloyd’s Rep 69; [1991] 2 Lloyd’s Rep 325 C.A Timothy Saloman and Jonathan Gaisman and Christopher Butcher and Richard Southern were involved in a matter where Plaintiffs claimed damages for short delivery – Whether carrier a proper or necessary party to action – Whether carrier domiciled and principle place of business in Germany […]

[1990] 2 Lloyd’s Rep. 39 Timothy Brenton – Carriage by sea – Unseaworthiness – Breakdown of vessel in East China Sea – Salvage and general average expenditure incurred – Vessel unseaworthy at commencement of voyage – Whether defendants’ failure to exercise due diligence caused casualty.

[1989] 2 Lloyd’s Rep. 487 Jonathan Gaisman – Collision – Damage to vessel – Quantum

[1989] 2 Lloyd’s Rep. 42; [1987] 1 Lloyd’s Rep. 508 Jonathan Gaisman and Adam Fenton – Salvage – Reward – Vessel and cargo grounded in River Parana Admiralty practice – Salvage arbitration – Vessel grounded – Salvage services rendered on Lloyd’s Open Form – Whether master authorized to enter into agreement on behalf of cargo-owners […]

[1989] 1 Lloyd’s Rep. 542 Jonathan Gaisman – Admiralty practice – Costs – Payment into Court

[1989] 3 WLR 478; [1990] 1 QB 361; [1989] 2 All ER 1066 Charles Priday acted in this Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings. Admiralty practice – Action in rem – Jurisdiction – Damage to cargo – Plaintiffs applied for judgment […]

[1988] 2 Lloyd’s Rep. 34 Adam Fenton – Admiralty practice – Costs – Payment into Court – Damage to cargo of sugar – Plaintiffs accepted payment 20 days later – Whether acceptance within a reasonable time – Whether plaintiffs entitled to their costs up to date of acceptance – R.S.C., O. 22, r. 3.

[1988] 1 Lloyd’s Rep. 435; [1987] 2 Lloyd’s Rep. 621 Jonathan Gaisman – Admiralty practice – Stay of action – Costs

[1990] 2 Lloyd’s Rep. 21 Mr. Timothy Brenton acted for Bombay Trading and advanced an argument of attractive simplicity.

[1987] 1 Lloyd’s Rep. 452 Charles Priday- Admiralty practice – Arrest and sale of vessel – Plaintiffs incurred costs in arresting and preserving vessel – Vessel sold and proceeds paid into Court – Whether plaintiffs entitled to payment out of funds in Court.

[1985] 1 Lloyd’s Rep. 283; [1985] A.C. 711 Jonathan Gaisman – Admiralty practice – Action in rem – Warrant of arrest – Application to set aside warrant and writ – Whether action lay outside jurisdiction of High Court – Whether application should be granted.

[1984] 2 Lloyd’s Rep 102 Timothy Saloman – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed

[1983] 2 Lloyds Rep 628 Timothy Brenton QC – Admiralty practice – Stay of action – Damages for personal injury – Indian seaman injured on board Indian vessel on high seas – Action brought in England – Whether stay would cause injustice to plaintiff – Whether action should be brought in India.

[1984] 1 All ER 265 Timothy Saloman – Solicitor – Lien – Retaining lien – Solicitor discharging himself in course of action – Non-payment of costs – Solicitor entering default judgment for amount of unpaid costs – Solicitor arresting client’s vessel to secure payment of costs – Client applying for order that papers in action […]

[1982] 2 Lloyd’s Rep 255 Timothy Saloman – Admiralty practice – Damage to cargo – Arrest of vessel – Defendants denied ownership of vessel – Whether jurisdiction of Court could be invoked – Whether vessel beneficially owned by defendant – Whether writ and all subsequent proceedings should be set aside – Administration of Justice Act, […]

[1981] 2 Lloyd’s Rep. 119 Jonathan Gaisman – Admiralty practice – Bill of lading – Foreign jurisdiction clause – Cargo alleged to be damaged on unloading – Cargo-owners commenced action for damage to cargo in England – Whether action should be stayed on the ground that parties agreed to refer disputes to Egyptian Court.

[1978] 1 Lloyd’sRep. 184 Timothy Saloman was involved in this practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Whether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners’ action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.