Source: All England Reporter
Publisher Citation: [2009] All ER (D) 212 (Jul)
Neutral Citation: [2009] EWHC 1782 (Admlty)
Court: Queen's Bench Division, Admiralty Court
Judge:

Tomlinson J
Representation Iain Milligan QC, Guy Blackwood and David Walsh (instructed by Stephenson Harwood) for the claimants.
  Tom Weitzman QC and Peter MacDonald Eggers (instructed by Nabarro LLP) for the first to third defendants.
  Jonathan Gaisman QC and Patricia Edwards (instructed by Pinsent Masons) for the fourth defendant.
Judgment Dates: 17 July 2009

Catchwords

Conflict of laws - Jurisdiction - Civil and commercial matters - Exclusive jurisdiction - Vessel - First defendant's vessel becoming constructive total loss - Vessel previously registered in the Netherlands - Vessel subsequently towed to and remaining in naval dockyard in Thailand - First defendant attempting to sell vessel to fourth defendant related company - Whether English court having jurisdiction to set aside sale of vessel - s 423.

The Case

Conflict of laws Jurisdiction. Queen's Bench Division, Commercial Court: The court ruled on various issues arising out of a contract of marine insurance, in circumstances where a vessel owned by the first defendant company, which had been underwritten by the claimant excess layer underwriters, had become a constructive total loss following a collision. The principal issue was whether the English court had jurisdiction to set aside the sale of the vessel.

Practice Areas

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