Mora Shipping Inc v Axa Corporate Solutions Assurance SA and Ors - QBD (Com Ct) (Langley J) - 16 March 2005

Conflict of laws - General Average Guarantee - Place of performance - Council Regulation 44/2001 and Lugano Convention 1988

The claimant, a company incorporated in Liberia and domiciled in Liberia and/or Norway, was the disponent owner of the vessel Vitoria which sustained serious bottom damage proceeding down the River Plate. The claimant alleged that the grounding and the consequential repairs caused it and others to incur general average expenses totalling US $1.2 million, being the figure set out in a general average adjustment prepared by Richards Hogg Lindley ("RHL"). The adjustment also stated that the cargo interests were liable to contribute $1,053,302.15 in general average. The adjustment was sent to the first defendant with a request from RHL for payment to be made direct to them to a bank account in London.