Tunstall v District Judge Holloway and Anr (The “Sincerity S”) - QBD (Admlty Ct)(Clarke J) - 6 February 1996

Vessel allegedly damaged when arrested in Admiralty action in rem - Whether vessel owner entitled to recover damages for negligence against persons who allegedly caused the damage and against the district judge who made the order directing the arrest

A supplier of goods and materials to the motor trawler Sincerity S brought Admiralty proceedings in rem in the Workington County Court. A district judge made an order directing the bailiffs to arrest the vessel. It was the practice in both the County Court and the High Court to immobilise the vessel which is arrested in an Admiralty action where it was appropriate to do so. The bailiff was not an engineer, so it was arranged that a firm of engineers be engaged to carry out the operation of immobilising the vessel.