"Stolt Kestral" (Owners of the Vessel) v "Niyazi S" (Owners of the Vessel)
2014
ADMIRALTY COURT
United Kingdom
CORAM
- MR JUSTICE HAMBLEN
Areas of Law
- Civil Procedure
- Maritime Law
2014
ADMIRALTY COURT
United Kingdom
CORAM
AI Generated Summary
The Court was asked to decide on various applications following a ship collision involving the “STOLT KESTREL” and “NIYAZI S.” The Claimant sought extensions of time for their claims and to add sister ships as defendants since the vessels were out of jurisdiction. The Court granted a mandatory extension for in rem claims and the joinder of sister ships but denied an extension for in personam claims due to procedural errors.
Judgment
Mr Justice Hamblen :
Introduction
The present applications arise out of a collision between the Claimants’ vessel “STOLT KESTREL” and the vessel “NIYAZI S” (“the vessel”) on 10 October 2010 at Stanlow, near the Port of Liverpool, England. At the time of the collision the vessel was owned by Sener Petrol Deniscilik Ticaret AS (“the Defendant”).
The Claimant issued an in rem Claim Form on 9 October 2012.
By an application (Application 1) dated 3 October 2013 the Claimant made an application on papers for an order extending the validity of the Claim Form by 8 months and an order for permission to serve the Claim Form out of the jurisdiction. An Order to this effect was made by Eder J on 8 October 2013.
By a further application (Application 2) dated 10 December 2013 the Claimant applied on papers for permission to amend the Claim Form to add four sister ship defendants and an 8 month extension of time for service of the amended Claim Form. An Order to this effect was made by Flaux J on 23 January 2014.
On 11 December 2013 the Claimant issued an in personam Claim Form.
By an application (Application 3) dated 13 December 2013 the Claimant applied for an order for an extension of time for commencing the in personam proceedings and for permission to serve the Claim Form out of the jurisdiction.
By a cross application (Application 4) dated 4 March 2014 the Defendant applied for (1) orders setting aside (i) each of the Orders extending the validity of the in rem Claim Form previously granted to the Claimants by Eder J and Flaux J (ii) that part of the Order of Flaux J giving permission to add the sister ships, and (2) a stay of the in personam claim on the grounds that it is time barred.
The present hearing involves the determination of Applications 3 and 4.
Factual background
On 10 October 2010 the “STOLT KESTREL” was moored port side to alongside at Stanlow.
At 03:32 on 10 October the “STOLT KESTREL” was struck by the vessel and sustained structural damage to the starboard side between frames 33 to 105.
On 30 October 2010 an LOU was issued by the Defendant’s P&I Club, The Standard Club, in favour of the Claimant in the sum of US$300,000 inclusive of interest and costs. The LOU did not address the issue of jurisdiction.
On 11 January 2011 quantum documents were provided to The Standard Club by the Claimant’s P&I Club, Gard.
On 5 June 2012 the vessel was sold by the Defendant to Delmar Petroleum Co. Ltd. (“Delmar”) and the vessel was renamed