BANQUE WORMS v. OWNERS OF THE SHIP OR VESSEL “MAULE” AND ANOTHER (THE “MAULE”)

[1997] 1 Lloyd's Rep. 419

PRIVY COUNCIL

Before Lord Browne-Wilkinson, Lord LLOYD OF Berwick, Lord HOPE OF Craighead, Lord Hutton and Sir John Balcombe

Admiralty practice - Arrest of vessel - Damages for wrongful arrest - Plaintiffs sought to exercise power of sale under mortgage - No instalments outstanding under loan agreement when writ issued - Whether plaintiffs entitled to arrest vessel - Whether plaintiffs required to give notice before exercising power of sale - Whether defendants entitled to damages for wrongful arrest - Whether action should be set aside.