SMIT Salvage BV & Ors v Luster Maritime SA & Anor (MV Ever Given – Salvage Claim)

SMIT Salvage BV & Ors v Luster Maritime SA & Anor (MV Ever Given – Salvage Claim)

The parties' exchanges did not evince an unequivocal intention to be legally bound until all outstanding matters were agreed; agreement on remuneration terms alone was insufficient to constitute a binding contract.

Parties
Respondent/claimant: SMIT SALVAGE B. V.; Respondent/claimant: BAGGERMAATSCHAPPIJ BOSKALIS B. V.; Respondent/claimant: OCEAN MARINE EGYPT S. A. E.; Respondent/claimant: AUGUSTEA SHIP MANAGEMENT SRL; Appellant/defendant: LUSTER MARITIME S. A.; Appellant/defendant: HIGAKI SANGYO KAISHA LIMITED
Jurisdiction
England and Wales
Judgment Date
19 March 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Formation of Contract, Salvage Claims, Remuneration Agreements, Intention to Create Legal Relations
Contract Law Maritime Law Formation of Contract Salvage Claims Remuneration Agreements Intention to Create Legal Relations

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Parties

SMIT SALVAGE B. V.

Respondent/claimant

BAGGERMAATSCHAPPIJ BOSKALIS B. V.

Respondent/claimant

OCEAN MARINE EGYPT S. A. E.

Respondent/claimant

AUGUSTEA SHIP MANAGEMENT SRL

Respondent/claimant

LUSTER MARITIME S. A.

Appellant/defendant

HIGAKI SANGYO KAISHA LIMITED

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a legally binding contract was concluded as to remuneration for salvage services
  2. 2 Whether agreement on remuneration terms precluded a salvage claim under the International Convention on Salvage 1989 or at common law

Ratio Decidendi

The parties' exchanges did not evince an unequivocal intention to be legally bound until all outstanding matters were agreed; agreement on remuneration terms alone was insufficient to constitute a binding contract.

Court Disposition

appeal dismissed

Orders

  • No binding contract was concluded as to remuneration for salvage services.
  • SMIT is entitled to pursue its salvage claim.