Turks Shipyard Ltd v The Owners of the Vessel November

Turks Shipyard Ltd v The Owners of the Vessel November

CML entered into the contract with Turks Shipyard Limited as agent for the Owners of the vessel November. The Owners, as undisclosed principals, are liable for the contract. Therefore, Turks Shipyard Limited was entitled to enforce its claim in rem against the vessel under section 21(4) of the Senior Courts Act 1981.

Parties
Claimant/respondent: Turks Shipyard Limited; Defendants/appellants: The Owners of the Vessel November (Agamemnon Otero and Jay Fitzsimons)
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Admiralty Action in Rem (appeal) / Appeal From Admiralty Registrar's Decision
Outcome
Appeal dismissed
Legal Topics
Undisclosed Principal Liability, Authority of Agent, In Rem Proceedings, Section 21(4) Senior Courts Act 1981
Admiralty Agency Law Contract Law Undisclosed Principal Liability Authority of Agent In Rem Proceedings Section 21(4) Senior Courts Act 1981

Case Brief

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Parties

Turks Shipyard Limited

Claimant/respondent

The Owners of the Vessel November (Agamemnon Otero and Jay Fitzsimons)

Defendants/appellants

Procedural Posture

Admiralty Action in Rem (appeal) / Appeal From Admiralty Registrar's Decision

Legal Issues

  1. 1 Whether Clean Marine Limited (CML) contracted as agent for the Owners of the vessel November, making the Owners liable as undisclosed principals
  2. 2 Whether Turks Shipyard Limited could bring an action in rem against the vessel under section 21(4) of the Senior Courts Act 1981

Ratio Decidendi

CML entered into the contract with Turks Shipyard Limited as agent for the Owners of the vessel November. The Owners, as undisclosed principals, are liable for the contract. Therefore, Turks Shipyard Limited was entitled to enforce its claim in rem against the vessel under section 21(4) of the Senior Courts Act 1981.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Registrar's decision is upheld.