The Owners of the ship ‘Herceg Novi’ v. The Owners of the ship ‘Ming Galaxy’ - Court of Appeal (Stuart-Smith and Brooke LJJ and Sir Christopher Staughton) - 16 July 1998

Conflict of laws - Whether English proceedings in rem should be stayed on ground of forum non conveniens - Relevance of different limitation regimes in England and in alternative forum

The vessels Herceg Novi and Ming Galaxy collided in the Straits of Singapore on 18 August 1996 in Singapore territorial waters. The plaintiffs said that Ming Galaxy was 50% to blame. The defendants said that Herceg Novi was wholly to blame. On 20 August 1996 the defendants began an action in rem against Herceg Novi in Singapore. Shortly thereafter the plaintiffs issued the writ in rem in England and served it upon a sister ship of Ming Galaxy in England. The plaintiffs had unsuccessfully sought a stay of the Singapore proceedings, although that decision was under appeal.