Ship Arrests in UK Territorial Waters - Practical Steps Explored

Introduction

This webinar will cover the relevant international conventions, statutory provisions, and procedural rules applicable to arresting a ship in the UK.

The webinar will outline the claims for which vessels may be arrested and discuss case law on wrongful arrest and a recent High Court case, the Eastern Pacific Chartering Inc v Pola Maritime Ltd, The Divinegate, which attempted to challenge the test for wrongful arrest first established over a century ago in the Xenos v Aldersley (The Evangelismos).

The procedural and practical steps required to arrest a vessel, including whether lodging security is a prerequisite will be addressed, together with jurisdictional issues.

What You Will Learn

This webinar will cover the following:

• What are the relevant convention, legislation and civil procedure rules dealing with the arrest of vessels within the jurisdiction and how are they to be applied?
• In respect of what claims can a vessel be arrested?
• Will the arresting party have to provide security and if so, in what amount and form?
• What are the practical steps to take to arrest?
• What documents are to be lodged with the court?
• What if there is urgency as the vessel is about to leave the jurisdiction; what steps, if any, can be taken in those circumstances?
• Following an arrest, where is the substantive matter to be pursued? Must it be pursued in the jurisdiction?
• What amounts to wrongful arrest and what are the precedent and recent cases dealing with the same?

This webinar was recorded on 23rd November 2023