OWNERS OF THE SHIP "AL KHATTIYA" V OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "JAG LAADKI"

[2018] EWHC 389 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice Bryan, 1 March 2018

Admiralty - Collision - Jurisdiction - Anti-suit injunction - Forum non conveniens - Availability in practice of the alternative forum

Following a collision in UAE territorial waters between the VLCC Jag Laadki and the LNG carrier Al Khattiya, the owners of the latter served proceedings in rem at Milford Haven on sister ship Jag Pooja, founding jurisdiction as of right. The defendants accepted 100 per cent of the blame for the collision, making the only remaining issue one of quantum. They had been granted an anti-suit injunction in April 2017, which they now appealed, also seeking a stay of the claim on forum non conveniens grounds. The defendants were pursuing proceedings in UAE, which had a significantly lower limit of liability than UK, seeking to set up a limitation fund and limit liability. The anti-suit injunction was in respect of a claim for damages and a declaration of non-liability, also pursued in UAE but withdrawn pending final determination of the jurisdiction issue.