A/S D/S Svendborg v Wansa - Court of Appeal (Staughton, Waite and Aldous LJJ) - 23 March 1997

Jurisdiction - Shipowning companies defending cargo claims brought in Sierra Leone in 1993 and 1994 - Companies subsequently applying to English Courts in 1996 for stay of those proceedings on basis of exclusive jurisdiction clause -Allegation that claims in Sierra Leone made fraudulently -Whether English actions should be allowed to proceed

These proceedings involved claims made by Mr Mohamed Kamel Wansa against two shipowning concerns in respect of alleged shortage and damage to cargo delivered in Sierra Leone under various bills of lading and in various vessels. Two sets of proceedings were brought by Mr Wansa in Sierra Leone. In the first set of proceedings, which were commenced on 11 May 1993, the shipowners entered an appearance under protest and sought a stay, relying on an English jurisdiction clause. The shipowners did not at that stage assert that Mr Wansa’s claim was fraudulent. The judge refused a stay. Subsequently, Mr Wansa’s lawyer entered judgment for the resale value of the goods damaged or short delivered, to be assessed, and interest on that amount at the rate of 36% per annum. The shipowners applied to set the judgment aside, but again they did not allege that the claim was fraudulent. The judge refused to set aside the judgment, but he removed the award of interest at 36% and instead ordered interest to be assessed.