An undertaking to submit to a court ‘of competent jurisdiction’ given in consideration of a cargo not being arrested, by a protection and indemnity club , included a reference to the Admiralty Court. Under the Act. Under the Convention the phrase could not mean a court which was already seised of the matter, since jurisdiction was given by the arrest of the ship. The undertaking envisaged that jurisdiction would be established by the acceptance of service.
Judges:
Lord Phillips of Worth Matravers MR, Sedley, Longmore LJJ
Citations:
Times 19-Mar-2003, [2003] EWCA Civ 378
Links:
Statutes:
Brussels Convention 1952 7, Supreme Court Act 1981 20 21
Jurisdiction:
England and Wales
Transport
Updated: 07 June 2022; Ref: scu.181147