LD COMMODITIES RICE MERCHANDISING LLC AND ANOTHER V OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL STYLIANI Z

[2015] EWHC 3060 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice Teare, 28 October 2015

Admiralty - In personam claim form submitted for in rem claim - Claim at risk of being time-barred - Exercise of court's discretion to remedy the error - Civil Procedure Rules 3.10, 6.15 and 17

The claimants sought damages in the sum of about US$1.3 million in respect of wet damage caused to nearly 3,000 mt of their cargo of rice as it was being loaded on board the defendants' vessel Styliani Z at Lake Charles in August 2012. Security was provided and solicitors appointed to accept service of in rem or in personam proceedings in the English High Court. On the basis that the one-year time bar in the Hague Rules applied, an extension of time was sought to commence proceedings. The claimants intended to issue a claim form in rem but used the form appropriate for issuing a claim form in personam. The claim form was served after the expiry of the four months permitted for service of a claim form in personam but within the 12 months permitted for service of a claim form in rem. The Admiralty Registrar declined permission to amend the form and held that the court has no jurisdiction over the claimant's claim. This was the appeal of that decision.