The “Anna H” - Court of Appeal (Glidewell, Hoffmann and Hobhouse LJJ) - 27 July 1994

Shipowners enter caveat against arrest - Vessel subsequently arrested in England - Whether there was an arrest within meaning of Brussels Arrest Convention - Whether Article 2 of Civil Jurisdiction and Judgments Convention precludes English court exercising jurisdiction

The vessel Anna H was owned by a company domiciled in Germany. The plaintiff cargo interests asserted that the cargo of steel coils loaded in Swansea had been damaged whilst in the custody of the vessel. The vessel’s German P & I Club disputed liability. On 19 September 1991 the owners of the vessel entered a caveat against arrest. The praecipe lodged by the owners’ solicitors undertook to acknowledge issue or service of the writ in any action that might be begun in the English High Court against the vessel and undertook that within three days after receiving notice that such an action had been begun they would give bail in a sum not exceeding £90,000.