Melissa K, the Motor Vessel v Tomsk, The Former Owners of the Motor Tanker

Melissa K, the Motor Vessel v Tomsk, The Former Owners of the Motor Tanker

The claimants' acceptance of the defendants' offer after expiry of the agreed deadline for service was ineffective because the offer, properly construed in context, was only open for acceptance if proceedings were served before the deadline. There was no waiver or extension of the deadline, and the claimants failed to take all reasonable steps to serve in time. No extension of time or procedural relief was available. The court therefore lacked jurisdiction.

Parties
Claimants: The Former Owners of the Motor Vessel 'Melissa K' now named 'Jasmine I'; Defendants: The Former Owners of the Motor Tanker 'Tomsk' subsequently named 'Pure Energy' and now named 'Thayer'
Jurisdiction
England and Wales
Judgment Date
27 November 2015
Procedural Posture
Admiralty Collision Claim / Ruling on Applications Regarding Settlement of Liability, Extension of Time, and Service of Proceedings
Outcome
Claim dismissed for want of jurisdiction due to invalid service; applications for extension of time and procedural relief refused.
Legal Topics
Maritime Collision Liability, Settlement Offers Under CPR 61 and 36, Extension of Time for Service, Jurisdiction Agreements, Limitation Periods
Admiralty Law Civil Procedure Maritime Collision Liability Settlement Offers Under CPR 61 and 36 Extension of Time for Service Jurisdiction Agreements Limitation Periods

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Parties

The Former Owners of the Motor Vessel 'Melissa K' now named 'Jasmine I'

Claimants

The Former Owners of the Motor Tanker 'Tomsk' subsequently named 'Pure Energy' and now named 'Thayer'

Defendants

Procedural Posture

Admiralty Collision Claim / Ruling on Applications Regarding Settlement of Liability, Extension of Time, and Service of Proceedings

Legal Issues

  1. 1 Whether liability for a maritime collision was compromised by acceptance of a settlement offer after expiry of an agreed deadline for service of proceedings
  2. 2 Whether the claimants are entitled to an extension of time for service of the claim form under section 190 of the Merchant Shipping Act 1995 or CPR 7.6
  3. 3 Whether the court has jurisdiction in the absence of valid service

Ratio Decidendi

The claimants' acceptance of the defendants' offer after expiry of the agreed deadline for service was ineffective because the offer, properly construed in context, was only open for acceptance if proceedings were served before the deadline. There was no waiver or extension of the deadline, and the claimants failed to take all reasonable steps to serve in time. No extension of time or procedural relief was available. The court therefore lacked jurisdiction.

Court Disposition

Claim dismissed for want of jurisdiction due to invalid service; applications for extension of time and procedural relief refused.

Orders

  • Claimants' application for order confirming settlement of liability dismissed.
  • Claimants' applications for extension of time and for remedying of procedural error dismissed.