The defendant bank arrested a ship carrying the claimant’s load of bananas. The cargo deteriorated while under arrest and was lost. It was not insured. The consignee sought damages from the arresting bank on the ground that it wrongfully interfered with the performance of the bill of lading contracts.
Held: The applicable law was that of Panama. ‘I do not accept that Article 217 should be given a broader interpretation so as to impose liability in the case of an arrest which affects third parties if there is negligence.’ The claim failed.
Citations:
[2005] EWHC 2497 (Comm)
Links:
Statutes:
Private International Law (Miscellaneous Provisions) Act 1995 11(1)
Citing:
Cited – The Myrto ChD 1977
A ship had been charged. A third party sought to arrest the ship for a debt.
Held: ‘Where the owner makes a contract with a third party for the employment of the ship, of such a kind and made or performable in such circumstances, that the . .
Cited – Downsview Nominees Ltd and Another v First City Corporation Ltd and Another PC 19-Nov-1992
(New Zealand) The holder of a second debenture appointed receivers to the assets. The first debenture holder then also appointed receivers not to obtain repayment of its debt, but to disrupt the work of the first appointed receivers and in order to . .
Cited – Iraqi Ministry of Defence v Arcepey Shipping ‘The Angel Bell’ 1979
Creditors of the defendant who was subject to a Mareva injunction applied to the court to authorise the repayment of a loan out of monies otherwise subject to the order.
Held: The purpose of a freezing order is to avoid dissipation of a . .
Cited – The Myrto ChD 1977
A ship had been charged. A third party sought to arrest the ship for a debt.
Held: ‘Where the owner makes a contract with a third party for the employment of the ship, of such a kind and made or performable in such circumstances, that the . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 04 July 2022; Ref: scu.234735