The "Selby Paradigm" - QBD (Admlty Ct)(David Steel J) - 23 July 2004

Practice - Default judgment obtained against barge owners in Admiralty action in rem - Insurers of barge seeking to be joined as defendants and to set aside default judgment - Whether Court had jurisdiction to hear application - Appropriate test for setting aside default judgment in Admiralty proceedings

During the early hours of 3 August 2001 the barge Selby Paradigm sank alongside her berth in Hull in 35 feet of water. She was unattended at the time and had been intending to discharge a cargo of maize oil the next day. The cause of the casualty appeared to be the failure of a temporary cement box which had been fitted on 1 August 2001 as part of temporary repairs to a fracture of the bottom plating caused by taking the ground on the River Ouse on 31 July 2001.