Republic of India v India Steamship Co Ltd (The “Indian Endurance” and “Indian Grace” (No 2) - Court of Appeal (Staughton, Simon Brown and Auld LJJ) - 23 April 1996

Cargo owners bring in personam proceedings in India for non-delivery of part of the cargo - Subsequent in rem proceedings brought in England for damage to entire cargo - Whether English proceedings should be struck out - Whether defendants estopped from raising plea of res judicata - Whether claim barred by section 34 of 1982 Jurisdiction Act or by issue estoppel

The vessel Indian Grace loaded a cargo of munitions in Sweden for carriage to India. During the course of the voyage a fire was discovered in one of the holds and the vessel diverted to Cherbourg. The cargo, which consisted mainly of artillery shells, was repackaged and restowed. During that process 51 shells were jettisoned. The vessel subsequently discharged the cargo in India.