The Owners &/or Bailees of the Cargo of the Ship “Panamax Star” v The Owners of the Ship “Auk” – QBD (Admlty Ct) (Hamblen J) [2013] EWHC 4076 (Admlty) – 18 December 2013

Practice – Application to strike out – Want of prosecution – Collision action – Whether breach of rules – Whether application to strike out for want of prosecution should be granted

On 21 May 1999 the vessel Panamax Star struck the anchored vessel Auk in the Amazon River. The claimant alleged that Auk’s anchorage position was unsafe and that Auk was yawing excessively, and sought damages of about US$4.7 million. The defendant denied liability and asserted a counterclaim of about US$32,000.