Anton Durbeck GmbH v Den Norske Bank ASA (The "Tropical Reefer") - QBD (Com Ct) (Nigel Teare QC sitting as a Deputy Judge of the QBD) - 13 June 2002

Conflict of laws - Vessel's mortgagee arresting vessel in Panama - Cargo interests alleging that mortgagee wrongfully interfered with contract of carriage - Mortgagee domiciled in Norway - Lugano Convention - Whether English court has jurisdiction to hear proceedings brought by cargo interests - Whether English action should be stayed on ground of forum non conveniens

The defendant, a Norwegian Bank, was the mortgagee of the vessel Tropical Reefer and arrested the vessel in Panama in July 1991. The claimant cargo interests, relying on The Myrto [1977] 1 Lloyd's Rep 243, alleged that the Bank had wrongfully interfered with the claimants' contracts for the carriage of a cargo of bananas by arresting the vessel. On 19 December 2001 the Bank applied in Panama to commence an action for a declaration that it was not liable to the claimants. On 20 December 2001 the claimants issued the present proceedings in London against the Bank claiming damages for wrongful interference with the cargo. The Bank now applied to set aside the English proceedings for lack of jurisdiction, or alternatively stay them on the grounds of forum non conveniens.