*Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral

Admiralty – Jurisdiction. The defendant former owner of a vessel applied for the strike out or withdrawal of a caution against release of the proceeds of sale of the vessel and for payment out of the proceeds of sale in circumstances where there were foreign insolvency proceedings concerning the vessel. The caution had been requested by a company (the company) which had issued a claim in damages for breach of contract of carriage in respect of the vessel. The Admiralty Court held that the company had not lost its statutory right of action in rem. However, where arbitration proceedings had not been commenced within 12 months of discharge, pursuant to the charterparty, the company's claim was, as a matter of contract, was absolutely barred.

Category: