Profer AG v The Owners of the Ship “Tjaskemolen” (now named “Visvliet”) - QBD (Admlty Ct)(Clarke J) - 5 November 1996

Vessel arrested in Holland and then released after trial on merits in the Dutch court - Vessel re-arrested in England -Whether English Court should release vessel from arrest by reason of Article 3(3) of 1952 Arrest Convention and/or by reason of abuse of process at common law

The plaintiff charterers arrested the vessel Visvliet in Liverpool on 20 June 1996. The defendant owners subsequently applied to discharge the security provided to procure the vessel’s release. They relied on the fact that an arrest of the vessel in Holland at the instance of the plaintiffs had been set aside by order of the Dutch court after a hearing on the merits.