The owners of the cargo lately laden on board the “IndianGrace” v The owners of the ship “Indian Endurance” - QBD(Admlty Ct)(Clarke J) - 23 May 1994

Cargo owners bring in personam proceedings in Indiafor non-delivery of part of the cargo - Subsequent in remproceedings brought in England for damage to entirecargo - Whether English proceedings should be struck out - Whetherdefendants estopped from raising plea of res judicata - Whetherclaim barred by section 34 of 1982 Jurisdiction Act or by issueestoppel

The vessel Indian Grace loaded a cargo of munitions in Sweden for carriage to India. During the course of the voyage a fire was discovered in one of the holds and the vessel diverted toCherbourg. The cargo, which consisted mainly of artillery shells,was repackaged and restowed. During that process 51 shells were jettisoned. The vessel subsequently discharged the cargo inIndia.