Cross-undertaking in damages for ship arrest: an opportunity missed

The recent decision of Teare J in Natwest Markets plc v Stallion Eight Shipping Co SA (MV Alkyon) [2018] EWHC 2033 (Admlty) highlights, yet again, the fundamental injustice of English law concerning the arrest of ships. Sir Bernard Eder raises this issue again in light of this judgment.

I have spoken and written about this topic repeatedly (some say ad nauseam) for some 30 years. Although my attempts to change the law have (so far) failed, my views remain unchanged and my campaign remains as vigorous as ever. I do not intend to repeat at length what I have said before. Those interested can read the articles referred to by Teare J in para 9 of his judgment.