References: [1998] 1 Lloyd’s Rep. 661
Coram: Clarke J
Effect of State Immunity (Merchant Shipping) Order 1997 Court ordered sale of vessel pendente lite on 15th July. Court of Appeal dismissed appeal on 29th October and refused a stay. State Immunity (Merchant Shipping) Order 1997 made on 30th October and came into force on 1st November. Republic submitted that the court should not allow vessel to be sold by reason of paragraph 3 of the Order. Held that paragraph 3 should not be construed as applying to vessels which the court had already ordered to be sold, inter alia, because to do so would be to interfere with or impair plaintiffs’ earlier rights under an Order of the court.
Statutes: State Immunity (Merchant Shipping) Order 1997 3
This case cites:
- Appealed to – Bridge Oil Ltd -v- The Owners and/or demise charters of the Ship ‘Guiseppe Di Vittorio’ (No. 2) CA ([1998] CLC 165)
. . - See Also – Bridge Oil Limited -v- Owners And/Or Demise Charterers of Ship ‘Giuseppe De Vittorio CA (Times 10-Nov-97, Gazette 19-Nov-97, Bailii, [1997] EWCA Civ 2591)
The ownership of a ship by a sovereign state did not make the ship free from the possibility of arrest for non-payment. The State having operated demise charter, and having failed to comply with convention had lost its state immunity of a ship from . .
This case is cited by:
- Appeal from – Bridge Oil Ltd -v- The Owners and/or demise charters of the Ship ‘Guiseppe Di Vittorio’ (No. 2) CA ([1998] CLC 165)
. . - See Also – Bridge Oil Limited -v- Owners And/Or Demise Charterers of Ship ‘Giuseppe De Vittorio CA (Times 10-Nov-97, Gazette 19-Nov-97, Bailii, [1997] EWCA Civ 2591)
The ownership of a ship by a sovereign state did not make the ship free from the possibility of arrest for non-payment. The State having operated demise charter, and having failed to comply with convention had lost its state immunity of a ship from . .