The Stephan J) - Q.B.D. (Adm.Ct.) (Sheen J.) - 28 March 1985

Admiralty action in rem - Whether arrest and release of vessel erroneously thought to be a sister ship prevents subsequent arrest of “offending” ship

The plaintiffs were owners of cargo lately laden on board the vessel Stephan J . They had been informed by Lloyd’s Intelligence Services that another vessel - the Herm J - was a sister ship within the meaning of section 21(4) of the Supreme Court Act 1981. A writ in rem was issued naming both vessels. A few days later, the Herm J was arrested. Very shortly after the arrest it became clear that the information provided by Lloyd’s Intelligence was erroneous. Herm J was immediately released. The writ was not served on that ship. The writ was then amended to delete all reference to “the owners of the Herm J ”.