Turks Shipyard Ltd v November, The Owners Of The Vessel [2019] EWHC 2715 (Admlty) (16 October 2019)

Turks Shipyard Ltd v November, The Owners Of The Vessel [2019] EWHC 2715 (Admlty) (16 October 2019)

The court found that the works performed by the claimant were authorised by the vessel's owners or their agents at the meeting of 1 March 2018, that the sums claimed were reasonable, and that the contract was made with Clean Marine Limited as agent for the owners, who were undisclosed principals. The court held that...

Source-derived case information.

Citation
[2019] EWHC 2715 (Admlty)
Parties
Claimant: Turks Shipyard Limited; First Defendant: The Owners of the Vessel 'November'; Second Defendant: Clean Marine Limited; Third Defendant: Agamemnon Otero
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Admiralty Claim for Ship Repairs and Associated Charges / Final Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Ship Repair Contracts, Possessory Lien, Jurisdiction in Rem and in Personam, Agency and Undisclosed Principals, Quantum Meruit, Reasonableness of Charges
Admiralty Law Contract Law Ship Repair Contracts Possessory Lien Jurisdiction in Rem and in Personam Agency and Undisclosed Principals Quantum Meruit Reasonableness of Charges

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Parties

Turks Shipyard Limited

Claimant

The Owners of the Vessel 'November'

First Defendant

Clean Marine Limited

Second Defendant

Agamemnon Otero

Third Defendant

Procedural Posture

Admiralty Claim for Ship Repairs and Associated Charges / Final Judgment After Trial

Legal Issues

  1. 1 Who was the contracting party for the ship repair works?
  2. 2 Were the works performed by the claimant authorised?
  3. 3 Are the sums claimed reasonable and recoverable?

Ratio Decidendi

The court found that the works performed by the claimant were authorised by the vessel's owners or their agents at the meeting of 1 March 2018, that the sums claimed were reasonable, and that the contract was made with Clean Marine Limited as agent for the owners, who were undisclosed principals. The court held that it had jurisdiction in rem and in personam, as the owner (Mr Otero) had acknowledged service. The claimant was entitled to judgment for the sums claimed, a declaration of a possessory lien, and an order for sale of the vessel if payment was not made.

Court Disposition

Judgment for the claimant

Orders

  • The claimant is entitled to recover £106,220.60 plus interest from the defendants.
  • The claimant is entitled to a declaration of a possessory lien over the vessel for the sums due.