An action against ship in rem prevents a personal action against the owner; there would be a risk of double jeopardy.
Times 01-May-1996
Civil Jurisdiction and Judgments Act 1982 34
England and Wales
Citing:
See Also – Republic of India and Others v India Steamship Co Ltd (‘The Indian Endurance and The Indian Grace’) (No 1) HL 29-Mar-1993
Munitions were being carried to Cochin on board the defendants’ vessel. Some was jettisoned in a fire and the remainder was damaged. The cargo owners sought damages in India for short delivery under the bills of lading, as to the jettisoned cargo . .
Cited by:
Appeal from – Republic of India and Another v India Steamship Co Ltd (Indian Endurance and Indian Grace) (No 2) HL 23-Oct-1997
When a action in rem against a ship was in fact parallel to an action in personam begun in India and awaiting a decision; an action was not to be allowed here.
Lord Steyn: ‘It is settled that an estoppel by convention may arise where parties to . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.88742