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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

02/12/2014

Golden Endurance Shipping SA v. RMA Watanya SA & Others [2014] EWHC 3917 (Comm

This is an archived article, and some links may not work. Contact us if you have any questions.

Subject: Shipping; Contracts

Keywords: Allocation of jurisdiction; Anti-suit injunctions; Bills of lading; Breach of contract; Contracts of carriage; Damage to goods; Morocco; Readiness to unload

Summary: The Claimant owners of the mv “Golden Endurance” were subject to cargo claims in the Moroccan Court brought by the First to Third Defendant insurers.  The owners obtained an interim anti-suit injunction from the English Court and were given permission to serve claims for a declaration of non-liability and damages out of the jurisdiction.  On the return date of the anti-suit injunction and the Defendants’ application challenging the jurisdiction of the English Court, the Court dismissed the challenge to the jurisdiction but set aside the injunction in part. The Court held that no separate jurisdictional gateway was required for the claims for an anti-suit injunction and for Lord Cairns’ Act damages. Further, following the approach adopted in The Lucky Lady [2013] 2 Lloyd’s Rep. 104 and The Channel Ranger [2014] 1 Lloyd’s Rep. 2014, the Court held that England was the natural forum because the Moroccan Courts would apply the Hamburg Rules whereas the English Court would apply English law (as the law governing the contracts of carriage chosen by the parties) which would be more favourable to the owners if it led to the application of the Hague Rules.  With regard to two bills of lading which were governed by English law but contained no choice of forum, the anti-suit injunction was discharged because the Court would not restrain a party from bringing foreign proceedings on the sole ground that the foreign Court would not apply the English proper law of the contract.  With regard to the third bill, which incorporated a London arbitration agreement, the Court granted a final anti-suit injunction.   

Member of Chambers: Michael Collett QC for the Claimant (instructed by Jackson Parton)


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