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“Tychy” MSC Mediterranean Shipping Company SA -v- The Owners of the Ship “Tychy”

24th Jul 2001

[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, by way of sums outstanding in respect of slot charter hire in relation to a number of vessels.

Admiralty practice – Jurisdiction – Arrest of vessel – Application to set aside – Slot charter – Vessel arrested in respect of claimants’ claims – Defendants alleged that owners of arrested vessel not “relevant person” for purposes of s. 21 of the Supreme Court Act, 1981 – Whether defendant established novation – Whether defendants entitled to rectification.