Hispanica De Petroleos S.A. & Compania Iberica Refineradera S.A. v. Vencedora Oceanoca Navegacion S.A. (The Kapetan Markos) - Court of Appeal (Ackner, Stephen Brown and Parker L.JJ.) - 20 Nov. 1985

Service of writ accepted under misapprehension as to basis of claim - Points of Claim pleaded on similar (erroneous) basis - Whether writ should be set aside - Whether Points of Claim should be struck out - Whether technical amendments barred by Hague Rules one year limitation period

The first plaintiff (“Hispanoil”) and the second plaintiff (“Petroliber”) were both Spanish State Companies, claiming, as owners of a cargo of oil shipped on board the vessel Kapetan Markos , damages for breach of duty owed to them by the owners of that vessel, the defendants.