TAXIDIOTIKI-TOURISTIKI-NAUTILIAKI LTD (TRADING AS ASPIDA TRAVEL) V THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL “COLUMBUS” AND THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL “VASCO DA GAMA”

[2021] EWHC 310 (Admlty), Queen’s Bench Division, Admiralty Court, Mr Admiralty Registrar Davison,18 February 2021

Admiralty – Claims in rem – Eligible claims – Person liable when cause of action arose and when claim brought – Bareboat charterer – Charterparty terminated before claims brought – Senior Court Act 1981, section 21(4)

The claimant AT had claimed against the proceeds of sale of the vessels Columbus and Vasco da Gama in respect of travel agency services for the transport of crew to and from the vessels, seeking judgment in default. Other claimants objected to the claims on the basis that they did not meet the requirements of section 21(4) of the Senior Courts Act in that the persons liable were the demise charterers of the two vessels at the time the services were provided, but were no longer the demise charterers by the time the claims were brought in November 2020; the charterparties having been terminated in October 2020.