Source: All England Reporter
Publisher Citation: [2005] All ER (D) 158 (Nov)
Neutral Citation: [2005] EWHC 2497 (Comm)
Court: Queen's Bench Division (Commercial Court)

Christopher Clarke J

Representation Nigel Meeson QC (instructed by Swinnerton Moore) for the claimant.
  Luke Parsons QC and Nichola Warrender (instructed by Stephenson Harwood) for the bank.
Judgment Dates: 11 November 2005


Conflict of laws - Tort - Proper law of tort - Defendant bank arresting vessel in Panama - Arrest leading to total loss of claimant's cargo - Claimant bringing action for loss of cargo - Whether English or Panamanian law applicable - Whether bank liable to claimant .

The Case

The High Court ruled, per curiam, that it was not free to depart from the line of authority from Collins v Lamport [1864] to The Myrto [1978] 1 Lloyd's Rep 11.

Practice Areas

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