The Alexa - Mr. Justice Sheen - Q.B. (Adm.Ct.) - May 20, 1980

Leave to serve writ out of the jurisdiction

The Admiralty Registrar had refused an ex parte application for leave to serve a writ out of the jurisdiction but indicated that leave would be granted if a further affidavit was filed dealing with: (1) the names of the plaintiffs; (2) their title to sue; and (3) damages, exhibiting documents on which the deponents’ beliefs were based. The plaintiffs appealed on the grounds that the decision was wrong in principle and that there was no obligation under the Rules of the Supreme Court to put this further information on affidavit. The writ named the plaintiffs as “The owners of the cargo lately laden on board the ship or vessel Alexa ”. The endorsement on the writ stated that the plaintiffs’ claim was for damages for breach of written contract or duty and then stated that certain of the plaintiffs had their principal offices outside the scheduled territories, and gave those addresses.