Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

LOCABAIL INTERNATIONAL FINANCE LTD. v. AGROEXPORT AND ATLANTA (U.K.) LTD. (THE "SEA HAWK")

[1986] 1 Lloyd's Rep. 317

COURT OF APPEAL

Before Lord Justice Mustill and Lord Justice Balcombe

Practice - Mandatory injunction - Shipowners in financial difficulties - Loan made by third party - Cargo-owners and mortgagees agreed not to arrest vessel - Non-payment of loan instalments - Third party arrested vessel - Whether mortgagees entitled to mandatory injunction requiring cargo-owners to pay to third party sum owed under loan.

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