Galaxy Special Maritime Enterprise v Prima Ceylon Ltd MV 'Olympic Galaxy', Court of Appeal - Civil Division, May 03, 2006, [2006] EWCA Civ 528

Reporting Judge: [2006] EWCA Civ 528

President: Galaxy Special Maritime Enterprise v Prima Ceylon Ltd MV 'Olympic Galaxy'

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Galaxy Special Maritime Enterprise v Prima Ceylon Ltd MV 'Olympic Galaxy', Court of Appeal - Civil Division, May 03, 2006, [2006] EWCA Civ 528

Neutral Citation Number: [2006] EWCA Civ 528

Case No: 2005 1578 A3

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE (COMMERCIAL COURT)

Mr A Marriott QC (sitting as a Deputy Judge of the High Court)

[2005] EWHC 3285 (Comm)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 3rd May 2006

Before :

LORD JUSTICE MUMMERY

LORD JUSTICE BUXTON

and

LORD JUSTICE LONGMORE

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Between :

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LIONEL PERSEY Esq QC and EMMET COLDRICK Esq

(instructed by Howard Kennedy) for the Appellant

JULIAN FLAUX Esq QC and DAVID LEWIS Esq

(instructed by Ince & Co) for the Respondent

Hearing date: 11th April 2006

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JudgmentLord Justice Longmore:

1. Introduction

The general average claim in these proceedings is unusual in that ownership of the vessel changed during the voyage and before the occurrence of the act in respect of which general average is claimed. It is the consequence of that change of ownership that has complicated this application to serve proceedings out of the jurisdiction.

2. The position is that Mr Arthur Marriott QC sitting as a Deputy Judge of the Commercial Court has refused an application by the defendants Prima Ceylon Ltd (``Prima'') to set aside an order of Mr Justice Colman of 25th January 2005 made pursuant to CPR 6.20(5)(c) and/or CPR 6.20(6), giving the claimants, the new vessel owners,...

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