Youell v Kara Mara Shipping Co Ltd and Ors - QBD (Com Ct)(Aikens J) - 13 March 2000

Service of proceedings out of jurisdiction - Proceedings brought by third party directly against vessel’s insurers under Louisiana Direct Action Statute - Insurers alleging that those proceedings were in breach of the English exclusive jurisdiction clause in insurance policy - Insurers bringing proceedings in England for declarations - Proceedings amended to seek permanent anti-suit injunction restraining third party from proceeding under the Direct Action Statute - Procedural irregularities - Whether insurers entitled to serve proceedings on third party out of jurisdiction

On 20 December 1994 a collision took place in the Atlantic between the bulk carrier Ya Mawlaya and the motor tanker New World. The collision resulted in a fire on board the New World which caused loss of life and extensive damage.