Saldanha v Fulton Navigation Inc (The "Omega King") - QBD (Admlty Ct)(Jervis Kay QC, Admiralty Registrar) - 10 May 2011

Bernard Doherty (Thomas Cooper) for the defendant; Robert Weir QC (Bridge McFarland) for the claimant.

(2011) 822 LMLN 2

Conflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of foreign-flagged vessel sustaining personal injury when vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction - Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside

The claimant, an Indian national, was the chief engineer onboard the defendant’s ship Omega King, registered in the Marshall Islands. On 6 January 2008 the ship was at anchor off the coast of Wales in United Kingdom territorial waters. During the night the weather conditions deteriorated and the vessel began to drag her anchor. The master decided to weigh anchor. However, the locking pin on the chain stopper jammed, preventing the capstan from raising the anchor. The claimant was asked to inspect the pin to see whether the problem could be resolved. As the claimant was inspecting the pin a large wave broke over the bow, knocking the claimant against a nearby bollard. He was taken ashore for hospitalisation in Bristol and later in London.