THE “MELISSA K” AND THE “TOMSK”

[2016] 1 Lloyd's Rep. 503

QUEEN'S BENCH DIVISION(ADMIRALTY COURT)

Before Mr Justice Males

Admiralty practice – Collision action – Defendants offering to settle on basis of 50/50 liability and imposing deadline for issue and service of proceedings – Claimants issuing but not serving proceedings within deadline – Claimants accepting defendants’ offer to settle subsequent to expiry of deadline – Whether compromise agreement concluded – Whether claimants entitled to extension of time for service of proceedings – Whether claimants entitled to relief for “error of procedure” – Merchant Shipping Act 1995, sections 190(5) and 190(6) – CPR 3.10 and CPR 7.6.